City Commission Meeting

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, November 15, 2022 CALL TO ORDER Commission was called to order by Mayor Rosalynn Bliss at 7:00 PM ROLL CALL Present: Mayor Bliss, Commissioner Lenear, Commissioner Jones, Commissioner Ysasi, Commissioner Reppart, Commissioner Moody Absent: Commissioner O’Connor (Excused) The roll was called by the City Clerk. Result: Adopted. Mover: Jones. Supporter: Moody. Yeas: Bliss, Lenear, Jones, Ysasi, Reppart, Moody Absent: Jon O’Connor Motion to excuse Commissioner O'Connor. APPROVAL OF MINUTES On the motion of Com. Nathaniel Moody, supported by Com. Kurt Reppart, the reading of the minutes of the Regular Session of November 1, 2022 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92128 Result: Received and Filed. Communication received from Richa urging the commission to prioritize climate justice. REPORTS OF CITY OFFICERS 92129 Result: Received and Filed. Comptroller’s report for the period of October 19, 2022 through November 1, 2022 in the amount of $31,226,898.50. 1  NOVEMBER 15, 2022 CITY COMMISSION 2 92130 Result: Received and Filed. Treasurer’s Report for Period of October 19, 2022 through November 1, 2022. CONSENT AGENDA: A. CONSENT AGENDA APPROVAL 92131 Result: Adopted. Mover: Moody. Supporter: Reppart. B. COMMITTEE ON APPOINTMENTS 92132 Result: Adopted. Mover: Moody. Supporter: Reppart. RESOLVED, that Mayor Bliss’ appointment of Daniel Koorndyk to the Local Officer’s Compensation Commission for the remainder of a seven-year term ending September 30, 2028, be confirmed. 92133 Result: Adopted. Mover: Moody. Supporter: Reppart. RESOLVED, that the City Commission’s appointment of Tom Simmons to the Historic Preservation Commission for the remainder of a three-year term ending January 1, 2024, be approved. 92134 Result: Adopted. Mover: Moody. Supporter: Reppart. RESOLVED, that Mayor Bliss’ appointment of Martin Uchendu to the Economic Development Corporation and Brownfield Redevelopment Authority for the remainder of a six-year term ending January 3, 2028, be confirmed. C. FISCAL COMMITTEE 92135 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS, the Grand Rapids Griffins (DBA: DP FOX SPORTS & ENTERTAINMENT) offers exclusive advertisement for Griffins games and offers advertisement opportunities to feature parking and mobility resources; therefore, RESOLVED: 1. The City agrees to pay an amount to the Grand Rapids Griffins (DBA: DP FOX SPORTS & ENTERTAINMENT) for advertisement opportunities to  3 CITY COMMISSION NOVEMBER 15, 2022 feature parking and mobility resources in a total amount not to exceed $28,000 for the 2022-2023 and 2023-2024 season; and 2. An agreement between the City of Grand Rapids (Mobile GR) and DP Fox Sports & Entertainment (Grand Rapids Griffins) be approved, and the Mayor is authorized to execute said agreement, and amendments upon approval as to form by the City Attorney; and 3. The Comptroller is authorized and directed to make payment consistent with this resolution. 92136 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS: 1. The City of Grand Rapids is part of the EGLE water supply program; and 2. The City receives a variety of services related to inspections, monitoring, certification, permitting, etc.; therefore RESOLVED that the Comptroller is authorized and directed to make payment to the State of Michigan in the amount of $33,101.93 for the Community Public Water Supply Annual Fee and charged to Code No. 5910- 536-1000-8240. 92137 Result: Adopted. Mover: Moody. 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. Samsara Networks, Inc. Cooperative purchase through Sourcewell contract #020221-SAM for a 36- month term, invoiced on an annual basis, for 35 Original Equipment Manufacturer (O.E.M.) Samsara AVL systems and licensing for the Public Works Department from Samsara Networks Inc. for the annual amount of $23,830.00; the estimated 36-month total is $71,490.00. 2. MSDSOnline, Inc. O.E.M. (Original Equipment Manufacturer) 36-month subscription, invoiced on an annual basis, for the Velocity EHS HQ solution for the Risk  NOVEMBER 15, 2022 CITY COMMISSION 4 Management Department from MSDSOnline, Inc. (dba VelocityEHS) for not-to-exceed amounts as follows: Annual subscription dates 02/07/2023-02/26/2024 $10,000.00 Annual subscription dates 02/07/2024-02/26/2025 $11,500.00 Annual subscription dates 02/07/2025-02/26/2026 $13,000.00 The three-year total amount is $34,500.00. FURTHER RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors: 3. STS Operating, Inc. Purchase of two (2) Original Equipment Manufacturer (O.E.M.) Moyno scum pumps for the Environmental Services Department from STS Operating Inc. (dba Fluid Process Equipment) for the amount of $53,834.00; freight charges will be added at time of shipment. 4. Great Lakes Chloride Cooperative purchase through the State of Michigan MiDEAL program for a one-year term contract for the purchase and delivery of anti-icing product for the Public Services Department from Great Lakes Chloride for the annual “not-to-exceed” amount of $80,000.00. 5. Databank One-year term with two, one-year renewal options for continued Original Equipment Manufacturer (O.E.M.) OnBase EDM annual maintenance and support services for the Technology and Change Management Department (I.T.) from Databank for the first-year annual “not-to-exceed” amount of $26,118.78; renewal options for the second and third years will be processed as per the costs received from Databank. At this time, the estimated three-year total amount is $78,356.34. 6. T-Mobile USA, Inc. AT&T Wireless Service Cellco Partnership One-year term contracts with two, one-year renewal options through cooperative purchase agreements for citywide cellular services through the State of Michigan MiDEAL Program from T-Mobile for the annual “not-to- exceed” amount of $15,000.00 (estimated three-year total amount of $45,000.00); from AT&T for the annual “not-to-exceed” amount of $75,000.00 (estimated three-year total amount of $225,000.00); and for a one-year term contract with two, one-year renewal options through a Federal GSA Schedule 70 contract for citywide cellular service from Cellco Partnership (dba Verizon Wireless) for the annual “not-to-exceed” amount of $450,000.00 (estimated three-year total amount of $1,350,000.00).  5 CITY COMMISSION NOVEMBER 15, 2022 D. COMMUNITY DEVELOPMENT COMMITTEE 92138 Result: Adopted. Mover: Moody. Supporter: Reppart. RESOLVED that the request to grant Image SFX a Fireworks Discharge Permit to be used in conjunction with the Trans-Siberian Orchestra concerts at the Van Andel Arena on December 4, 2022 is approved, pending an inspection by the Fire Department. 92139 Result: Adopted. Mover: Moody. Supporter: Reppart. RESOLVED that the request to grant the Grand Rapids Ballet Company a Fireworks Discharge Permit to be used in conjunction with the Nutcracker performances at the DeVos Performance Hall on December 7-11 and 16-18, 2022 is approved, pending an inspection by the Fire Department. 92140 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS the City Commission, after due and legal notice to all interested parties, has duly met as a Board of Review for the purpose of reviewing Special Assessment Nuisance Roll Number 8772 prepared by the City Assessor; and WHEREAS Special Assessment Nuisance Roll Number 8772 has been open to review before the City Assessor for the length of time required by Chapter 10 of the Ordinance Code of the City of Grand Rapids, the Charter of the City of Grand Rapids, and the laws of the State; WHEREAS the City Commission, acting as such Board of Review, has given opportunity to all persons interested in and affected by said Special Assessment Nuisance Roll Number 8772 to appear before said Board of Review, has carefully considered all objections and appeals made thereto; and WHEREAS the City Commission is of the opinion that Special Assessment Nuisance Roll Number 8772, is in all respects fair, just and equitable. RESOLVED: 1. That the City Assessor be authorized and instructed to make deletions from said Special Assessment Nuisance Roll Number 8772 in accordance with the report from the Community Development Committee.  NOVEMBER 15, 2022 CITY COMMISSION 6 2. The City Commission, sitting as a Board of Review, is satisfied with Special Assessment Nuisance Roll Number 8772, is of the opinion that said Special Assessment Nuisance Roll Number 8772 results in the assessments being levied in accordance with the benefits to be derived by such public improvements, and has caused and does hereby cause such determination to be entered upon its minutes 3. Special Assessment Nuisance Roll Number 8772 as prepared by the City Assessor and as reviewed, corrected, and changed by the City Commission, acting as a Board of Review, is hereby ratified and confirmed. 4. Special Assessment Nuisance Roll Number 8772, with a certified copy of this resolution attached to it, shall be delivered by the City Clerk to the City Treasurer, with the warrant signed by the Mayor, commanding the City Treasurer to collect all special assessments and fees, interest and penalties thereon in a manner required by Chapter 10 of the City Ordinance Code. 5. Said Special Assessment Nuisance Roll Number 8772 shall be billed on December 1, 2022, with the 2022 winter real property tax bills. The bills shall be due on December 1, 2022. In the event that any assessment shall not be paid by the due date, the assessment shall remain a lien upon said property and penalties shall thereafter be charged and added to said past due assessment as prescribed by state law. The entire assessment may be paid on or before February 14, 2023, without penalty. 92141 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS: 1. Potential areas of concern have been identified in the Stormwater section of the Comprehensive Master Plan; 2. Rainfall durations and intensities are changing which could impact the stormwater system; and 3. Funding is available through the Michigan Department of Environment, Great Lakes and Energy’s Coastal management Program; therefore RESOLVED that City Commission approves the submission of a grant application for a High Water Infrastructure Grant in the amount of $335,000 to develop a Stormwater Resiliency Plan and commits that the local match of $67,000 shall be provided if the project is funded.  7 CITY COMMISSION NOVEMBER 15, 2022 92142 Result: Adopted. Mover: Moody. Supporter: Reppart. RESOLVED: 1. That a Memorandum of Understanding (MOU) is approved between the City of Grand Rapids and Fans of Valley Field to develop mutually beneficial programs, projects, and event activities at Sullivan Field; and 2. That the MOU shall be for a period of November 15, 2022, through December 31, 2024; and 3. That the Mayor is authorized to execute the MOU on behalf of the City in a form to be approved by the City Attorney. 92143 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS, a Qualification Based Selection Process was used to receive a proposal for professional services on August 11, 2022 for the following project: Improvements to Sullivan Field (hereinafter referred to as the “Project”) and Rockford Construction Co. (Rockford) submitted a proposal of $65,848. RESOLVED: 1. That the proposal of Rockford be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the professional services agreement for the Project on behalf of the City; and 2. That expenditures for the Project be authorized in an amount not to exceed $72,500 which includes the costs of professional services agreement and contingencies. Said amount of $72,500 to be charged to the applicable Parks Millage Codes; and 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. 92144 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS:  NOVEMBER 15, 2022 CITY COMMISSION 8 1. The property owner of 635, 706, and 725 Bond Avenue NW has requested approval to encroach into the Bond Avenue right-of-way between Trowbridge Street and Newberry Street in connection with Spectrum Center for Technology and Innovation; and 2. BHSH System (a/k/a Corewell Health, f/k/a Spectrum Health System) or its successor in interest, agrees to pay all costs associated with the aforesaid encroachments; therefore RESOLVED: 1. That the City of Grand Rapids hereby approves an Encroachment Agreement with BHSH System (a/k/a Corewell Health, f/k/a Spectrum Health System), or its successor in interest, that consents, with conditions, to encroachments within the Bond Avenue right-of-way between Trowbridge Street and Newberry Street; and 2. That the City of Grand Rapids hereby approves a Termination of Encroachment Agreement contingent upon the successful completion of the vacation of the affected portions of the Bond Avenue right-of-way between Trowbridge Street and Newberry Street; and 3. That the proposed Encroachment Agreement and the proposed Termination of Encroachment Agreement conform to the requirements of City Commission Policy No. 1000-2; and 4. That the Mayor is hereby authorized to execute the aforesaid Encroachment Agreement and Termination of Encroachment Agreement on behalf of the City, contingent upon approval as to form by the City Attorney; and 5. That the City Clerk is hereby authorized and directed to record the aforesaid Encroachment Agreement and Termination of Encroachment Agreement with the Kent County Register of Deeds. 92145 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS, it is necessary to approve a Construction Agreement and accept a Public Utilities Easement for the construction of public sanitary sewer and water main facilities in connection with Water Main Relocation in Public Easement (NE) (Spectrum Health - Orthopedic Ambulatory Surgical Center); therefore RESOLVED:  9 CITY COMMISSION NOVEMBER 15, 2022 1. That the aforesaid Construction Agreement between the City of Grand Rapids, Grand Rapids Charter Township and Spectrum Health Primary Care Partners dba Spectrum Health Medical Group or its successor in interest (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 a Public Utilities Easement 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: Spectrum Health Primary Care Partners $1.00 dba Spectrum Health Medical Group or its successor in interest 100 Michigan Street NE Grand Rapids, MI 49503 2770 East Beltline Avenue NE, Parcel No. 41-14-11-101-085 3. That the City Clerk is hereby authorized and directed to record the aforesaid Easement with the Kent County Register of Deeds. 92146 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS: 1. On January 9, 1893 the City accepted easements from the owners of two properties for right-of-way for a sewer over properties now known as 400 Market Avenue SW and 444 Wealthy Street SW that are recorded in Liber 236, Page 30 and Liber 236, Page 28, Kent County Register of Deeds; and 2. On September 12, 2017 (Proceeding No. 87049) the City approved a consent resolution for the vacation of Oakland Avenue from CSX Railroad to Wealthy Street that included the preservation of Utility Easements for the City in the portion of Oakland Avenue to be vacated. The vacation was approved by the Circuit Court of the County of Kent on March 16, 2018 and a copy of the court judgment was recorded in Instrument No. 201803210022729, Kent County Register of Deeds. The vacated portion of Oakland Avenue was combined into the properties owned by DTE Gas Company (DTE) on both sides of vacated Oakland Avenue at 400 Market Avenue SW and 444 Wealthy Street SW; and 3. It is necessary to approve two Consent of Easement Holders in connection with the aforesaid easements; therefore  NOVEMBER 15, 2022 CITY COMMISSION 10 RESOLVED: 1. That two Consent of Easement Holders are hereby approved at 400 Market Avenue SW and 444 Wealthy Street SW; and 2. That the Mayor is hereby authorized to execute two Consent of Easement Holders and all associated documents on behalf of the City, conditional upon approval as to form by the City Attorney or special legal counsel. 92147 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS: 1. On November 25, 1969 (Proceeding No. 22062) the City accepted an easement in connection with the construction of a sanitary sewer lift station and forcemain in the City of Walker that is recorded in Liber 2080, Page 298, Kent County Register of Deeds; and 2. It is necessary to accept a Utility Easement, authorize a payment in the amount of $10,000.00, and approve a Partial Release of Easement, all in connection with Replacement of the Kingsbury Sanitary Sewer Lift Station; therefore RESOLVED: 1. That a Utility Easement is hereby accepted from the following property owner for nominal consideration of $1.00: Jade Pig Ventures – River Ridge, L.L.C. ($1.00) c/o CWD Real Estate Investment 50 Louis Street NW Grand Rapids, Michigan 49503 Part of 740 Greenridge Dr. NW, Parcel No. 41-13-01-176-20 and; 2. That a payment for legal and administrative fees is hereby authorized to the aforesaid property owner in the amount of $10,000.00; and 3. That upon successful completion of the Replacement of the Kingsbury Sanitary Sewer Lift Station a Partial Release of Easement (recorded in Liber  11 CITY COMMISSION NOVEMBER 15, 2022 2080, Page 298, Kent County Register of Deeds) is hereby approved to the following property owner, or its successor(s) in interest: Jade Pig Ventures – River Ridge, L.L.C. $1.00 c/o CWD Real Estate Investment 50 Louis Street NW Grand Rapids, Michigan 49503 Part of 740 Greenridge Dr. NW, Parcel No. 41-13-01-176-20 and; 4. That the City Comptroller is hereby authorized and directed to make payments, in amounts and to said payees, as the City Engineer or designee requests in connection with the aforesaid Utility Easement and Partial Release of Easement; and 5. That the Mayor is hereby authorized to execute the aforesaid Partial Release of Easement on behalf of the City, contingent upon approval as to form by the City Attorney; and 6. That the City Clerk is hereby authorized and directed to record the aforesaid Utility Easement and Partial Release of Easement with the Kent County Register of Deeds. 92148 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS: 1. Request for Qualifications was issued on July 18, 2022 with proposals received on July 29, 2022 for the following project: Citywide Facility Strategic Master Plan (hereinafter referred to as the “Project”); and 2. Fishbeck, Thompson, Carr & Huber, Inc. (Fishbeck) submitted a proposal for these services with an initial fee of $94,000 for schematic programming services with; and 3. It is necessary to approve a Professional Services Agreement with Fishbeck for this project; and 4. Upon completion of schematic programming services, this project will return to Commission for approval of fees for subsequent phasing.  NOVEMBER 15, 2022 CITY COMMISSION 12 RESOLVED: 1. That the proposal of Fishbeck be accepted and that upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the professional services agreement for the Project on behalf of the City; and 2. That expenditures for the Project be authorized in an amount not to exceed $108,570 which includes the schematic programming services by Fishbeck, engineering/ inspection/administration, and contingencies. Said amount of $108,570 to be charged to the applicable codes currently defined as follows: $108,570 to Code No. 4010-265-9000-9750-401021018. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. E. COMMITTEE OF THE WHOLE 92149 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS: 1. The State of Michigan has provided for the issuance of additional Liquor Licenses within the Michigan Street CID, as authorized by Public Act 501 of 2006 (MCL 436.1521a(1)(b)); and 2. Kaffeine, Inc., at 637 Michigan St NE, Ste. A, Grand Rapids, MI 49503, Kent County, has submitted an application for license under section 521a(1)(b) of the Act; and 3. Kaffeine, Inc., has supplied information with their application which supports the required stipulations of the Act; and 4. The City Assessor has submitted an affidavit stating the total amount of public and private investment in real and personal property within the Michigan Street CID is in excess of $200,000 over the preceding five (5) year time period; and 5. The Michigan Street CID adopted a resolution on November 9, 2022, recommending approval of the issuance of a Class C Redevelopment Liquor License, at 637 Michigan St NE, Ste. A, Grand Rapids, MI 49503, Kent County, above all others; therefore  13 CITY COMMISSION NOVEMBER 15, 2022 RESOLVED that the request from Kaffeine, Inc. located at 637 Michigan St NE, Ste. A, Grand Rapids, MI 49503, Kent County for a Class C Redevelopment Liquor License pursuant to Public Act 501 of 2006 (MCL 436.1521a(1)(b)) be approved above others. 92150 Result: Adopted. Mover: Moody. Supporter: Reppart. RESOLVED that: 1. The City will increase employer contributions to the 401A Officer’s Option by 1%; and, 2. Amendment to the Management and Non-Represented Employee Compensation and Fringe Benefit Handbook required to implement these changes are hereby approved. 92151 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS: 1. On February 11, 2014 (Proceeding No. 83191) the City Commission adopted the Vital Street and Sidewalk Investment Guidelines; and 2. On May 20, 2014, (Proceeding No. 83503), the City created the Vital Streets Oversight Commission (VSOC); and 3. On December 6, 2016 (Proceeding No. 86307), the Vital Streets Plan was considered by City Commission; and 4. On December 13, 2016 (Proceeding No. 86342), the Vital Streets Plan was adopted by City Commission; and 5. On May 23, 2017 (Proceeding No. 86770), the City Commission approved staggered terms for VSOC appointments; and 6. On October 17, 2022, the VSOC approved the recommended changes in membership; and 7. On November 1, 2022, the Committee on Appointments reviewed the change to VSOC membership; therefore RESOLVED:  NOVEMBER 15, 2022 CITY COMMISSION 14 1. That the Vital Streets Oversight Commission will consist of 13 members, which will consist of one appointment from each City Commissioner and the Mayor and six from the list of designated entities; and 2. That the list of designated entities will be updated and maintained by the VSOC; and 3. Recommendations for the appointments will be presented for review and approval through the Committee on Appointments. 92152 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS: 1. The City of Grand Rapids (the “City”) and the County of Kent (the “County”) formed the Grand Rapids-Kent County Convention/Arena Authority (the “CAA”) pursuant to Act 203 of the Public Acts of Michigan of 1999, as amended, through Articles of Organization dated March 29, 2000 (the “Articles”); and 2. The Articles identify certain powers which, in addition to requiring the approval of the CAA, require the approval of the City and County; and 3. One of the powers requiring the approval of the City and County is “the establishment of, or a change in, the Authority’s overall mission statement or the mission statements of any of the facilities it operates;” and 4. The City and County have been advised by the CAA regarding efforts to cause the construction of an amphitheater (the “Amphitheater”) and its ownership and operation; and 5. Pursuant to City Commission resolution 91546 adopted March 29, 2022, the City approved the exercise of an option to purchase property for the location of the Amphitheater (which also required City approval) and, as one of the conditions of such approval, the City must approve a facility- specific mission statement for the Amphitheater consistent with the CAA’s overall mission statement; and 6. A facility-specific mission statement for the Amphitheater has been developed which the City Commission wishes to now consider for approval. RESOLVED: 1. The following Amphitheater facility-specific mission statement is approved:  15 CITY COMMISSION NOVEMBER 15, 2022 Amphitheater Mission Statement To encourage economic development within the West Michigan region, create jobs and provide a facility for entertainment, enjoyment and benefit of the residents in an economical manner with a priority of facility fiscal responsibility through the delivery of events that are primarily entertainment related with a secondary emphasis on artistic and community activities and public events. 2. That all resolutions and parts of resolutions in conflict herewith shall be and the same are rescinded. 92153 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS: 1. Designation of the Lofts on Grove Neighborhood Enterprise Zone is in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended; and 2. The City Commission on January 30, 2018, approved Resolution No. 87390 and adopted an amended City Commission Policy No. 900-45 for Neighborhood Enterprise Zones, which contains a statement of the City’s goals, objectives and requirements to designate an eligible area; and 3. The City Commission on November 12, 2013, approved Resolution No. 82916 and adopted an Ordinance to amend Chapter 69 of Title V of the City Code entitled, Neighborhood Enterprise Zones (NEZ); and 4. The adopted goals of this NEZ designation are to: revitalize existing neighborhoods and promote the creation of new residential areas; promote new construction and the rehabilitation of housing; encourage investment, advance City strategies for homeownership, economic development, mixed- income development, sustainability, infill, and elimination of blight; and to implement the Master Plan; and 5. Designation of the Lofts on Grove NEZ is consistent with the Master Plan and City neighborhood preservation and economic development goals; and 6. The NEZ designation addresses the strategic goals for the area relative to the maintenance, preservation, and improvement of the existing housing, and promoting homeownership and development of housing for all persons regardless of income level living within the proposed NEZ; and 7. The owner or developer or prospective owner or developer of a proposed new facility or an owner or developer or prospective developer proposing to  NOVEMBER 15, 2022 CITY COMMISSION 16 substantially rehabilitate property located in the Lofts on Grove NEZ may file an application for a 15-year neighborhood enterprise zone exemption certificate with the City Clerk in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended, and in accordance with the Chapter 69 of Title V of the Code of the City of Grand Rapids, and City Commission Policy 900-45, as amended; and 8. As part of the NEZ designation process, the City Commission establishes the Lofts on Grove NEZ as a Qualified Downtown Revitalization District in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended, and in accordance with the Chapter 69 of Title V of the Code of the City of Grand Rapids, and City Commission Policy 900-45, as amended; therefore RESOLVED: 1. That the City Commission establishes the Lofts on Grove NEZ as a Qualified Downtown Revitalization District in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended; and 2. That the City Commission hereby establishes the Lofts on Grove NEZ as that area consisting of the parcels of land known as 1329 and 1359 Plainfield Avenue NE (PPN 41-14-18-353-046 and 41-14-18-353-035); and 3. That the City Clerk shall forward a certified copy of this resolution to the Michigan State Tax Commission. 92154 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS: 1. The City Commission approved a Brownfield Plan (the “Plan”) for the City of Grand Rapids Brownfield Redevelopment Authority (the “Authority”) on December 22, 1998, pursuant to the Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of 1996, as amended, MCL 125.2651 et seq. (“Act 381”); and 2. The Board of the Authority has recommended an amendment to the Plan for the 280 Ann, LLC redevelopment project (the “Project”) described therein (the “Amendment”); and 3. The City Commission held a public hearing on October 18, 2022, for the Amendment after notice in accordance with the requirements of Act 381;  17 CITY COMMISSION NOVEMBER 15, 2022 therefore, RESOLVED: 1. That the Amendment constitutes a public purpose under Act 381; and 2. That the Amendment meets all the requirements of Section 13(1) of Act 381; and 3. That the proposed method of financing the costs of the eligible activities, as identified in the Amendment and defined in Act 381, is feasible and the Authority has the authority to arrange the financing; and 4. That the costs of the eligible activities proposed in the Amendment are reasonable and necessary to carry out the purposes of Act 381; and 5. That the amount of captured taxable value estimated to result from the adoption of the Amendment is reasonable; and 6. That the Amendment in the form presented is approved; and 7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. 92155 Result: Adopted. Mover: Moody. Supporter: Reppart. WHEREAS: 1. Designation of the 280 Ann, LLC Neighborhood Enterprise Zone is in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended; and 2. The City Commission on January 30, 2018 approved Resolution No. 87390 and adopted an amended City Commission Policy No. 900-45 for Neighborhood Enterprise Zones, which contains a statement of the City’s goals, objectives and requirements to designate an eligible area; and 3. The City Commission on November 12, 2013 approved Resolution No. 82916 and adopted an Ordinance to amend Chapter 69 of Title V of the City Code entitled, Neighborhood Enterprise Zones (NEZ); and 4. The adopted goals of this NEZ designation are to: revitalize existing neighborhoods and promote the creation of new residential areas; promote new construction and the rehabilitation of housing; encourage investment, advance City strategies for homeownership, economic development, mixed-  NOVEMBER 15, 2022 CITY COMMISSION 18 income development, sustainability, infill, and elimination of blight; and to implement the Master Plan; and 5. Designation of the 280 Ann, LLC NEZ is consistent with the Master Plan and City neighborhood preservation and economic development goals; and 6. The NEZ designation addresses the strategic goals for the area relative to the maintenance, preservation, and improvement of the existing housing, and promoting homeownership and development of housing for all persons regardless of income level living within the proposed NEZ; and 7. The owner or developer or prospective owner or developer of a proposed new facility or an owner or developer or prospective developer proposing to substantially rehabilitate property located in the 280 Ann, LLC NEZ may file an application for a 15-year neighborhood enterprise zone exemption certificate with the City Clerk in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended, and in accordance with the Chapter 69 of Title V of the Code of the City of Grand Rapids, and City Commission Policy 900-45, as amended; and 8. As part of the NEZ designation process, the City Commission establishes the 280 Ann, LLC NEZ as a Qualified Downtown Revitalization District in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended, and in accordance with the Chapter 69 of Title V of the Code of the City of Grand Rapids, and City Commission Policy 900-45, as amended; therefore RESOLVED: 1. That the City Commission establishes the 280 Ann, LLC NEZ as a Qualified Downtown Revitalization District in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended; and 2. That the City Commission hereby establishes the 280 Ann, LLC NEZ as that area consisting of the parcel of land known as 280 Ann Street NW (PPN 41- 13-13-252-004); and 3. That the City Clerk shall forward a certified copy of this resolution to the Michigan State Tax Commission. 92156 Result: Adopted. Mover: Moody. Supporter: Reppart. RESOLVED:  19 CITY COMMISSION NOVEMBER 15, 2022 1. That the attached ordinance amending Chapter 11 “Purchases, Contracts and Sales” of Title I of the Grand Rapids City Code shall be published as part of the proceedings; and 2. That in accordance with Title V, Section 10(a) of the Grand Rapids City Charter, the attached ordinance shall be published in a paper of general circulation in the City of Grand Rapids; and 3. That the proposed ordinance shall be considered for adoption by the City Commission at its meeting on December 6, 2022; and 4. That all necessary changes to City Commission policies impacted by the adoption of these amendments are hereby approved. AN ORDINANCE TO AMEND SECTIONS 1.504, 1.505, 1.506, AND 1.507 OF CHAPTER 11 OF TITLE I OF THE CODE OF THE CITY OF GRAND RAPIDS ORDINANCE NO. 2022-__ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 1.504 of Chapter 11 of Title I of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 1.504. Purchases Authorized. (1) Purchases by the City, sales to the City, or authorizations for the purchase of goods by the City involving expenditures of fifty thousand dollars ($50,000.00) or less, the appropriation for which has been approved by the City Commission as part of the annual fiscal process and funds for which are in the City's annual budget, may be made without formal, sealed bidding by the Purchasing Agent, subject to any rules and policies that may be established by the City Commission. (2) The Purchasing Agent may delegate the authority and responsibility to other City employees to obtain price quotations or bids or to make purchases in an amount of up to ten thousand dollars ($10,000.00) for goods not currently covered by a City contract, as long as the employee complies with all applicable provisions of the City Charter and the City Code and with all applicable City rules and policies. The Purchasing Agent may withdraw a delegation previously granted when, in the sole judgment of the Purchasing Agent, it is advisable to do so. The authority delegated under this subsection may be used only by  NOVEMBER 15, 2022 CITY COMMISSION 20 those employees specifically empowered to do so by the City Manager. This Section shall be implemented by a City Commission Policy.” Section 2. That Section 1.505 of Chapter 11 of Title I of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 1.505. Purchases of More than Ten Thousand Dollars. No requisition or purchase of more than ten thousand dollars ($10,000.00) and up to one hundred thousand dollars ($100,000.00) shall be made unless approved by the City Commission or City Manager or their designee. No requisition or purchase of more than one hundred thousand dollars ($100,000.00) shall be made unless authorized by the City Manager and approved by the City Commission. In case of an emergency, wherein any delay in purchasing would possibly result in the interruption or detriment to the public service, the City Manager may approve a requisition or purchase up to five hundred thousand dollars ($500,000.00) and shall apprise the City Commission of the situation and purchase at its next regular meeting.” Section 3. That Section 1.506 of Chapter 11 of Title I of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 1.506. Purchases on Competitive Bidding. For any purchases involving an expenditure of more than ten thousand dollars ($10,000.00), requests for bids shall be advertised, which requests shall establish the time and place for opening any bids received. The time for opening of bids shall be not less than ten (10) days from the date of said publication. This requirement may be expedited in cases of immediate need of the materials or services. Two (2) or more publications may be authorized where such has been the general practice of the City. In such cases where publication is not necessary because letters may be sent to all who are known able to bid, the Purchasing Agent may waive publication and send such letters.” Section 4. That Section 1.507 of Chapter 11 of Title I of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 1.507. Advertisement for Bids. The advertisement for bids shall be prepared by the Purchasing Agent and published. Every such advertisement shall specify the place where the bids will be received, the time of opening of same and a brief description of the materials and supplies to be purchased.”  21 CITY COMMISSION NOVEMBER 15, 2022 ORDINANCES 92157 Result: Adopted. Mover: Moody. Supporter: Reppart. Yeas: Bliss, Lenear, Jones, Ysasi, Reppart, Moody Excused: Jon O’Connor ORDINANCE NO. 2022 - 45 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 170,701,827.38 Other (200,000.00) From (To) Fund Balance - Total Amended Resources 170,501,827.38 Previously Approved Appropriations 170,701,827.38 General Administration Department (200,000.00) Total Amended Appropriations 170,501,827.38 Police Grants Fund Previously Approved Resources 1,625,511.44 Other 9,766.60 From (To) Fund Balance - Total Amended Resources 1,635,278.04 Previously Approved Appropriations 1,625,511.44 Requested Changes 9,766.60 Total Amended Appropriations 1,635,278.04 Brownfield Operations Fund Previously Approved Resources 12,620,203.97 Other 1,000,000.00 From (To) Fund Balance (30,000.00) Total Amended Resources 13,590,203.97 Previously Approved Appropriations 12,620,203.97 Requested Changes 970,000.00 Total Amended Appropriations 13,590,203.97 Streets-Capital Project Fund  NOVEMBER 15, 2022 CITY COMMISSION 22 Previously Approved Resources 2,155,164.07 Other 1,097,153.00 From (To) Fund Balance - Total Amended Resources 3,252,317.07 Previously Approved Appropriations 2,155,164.07 Requested Changes 1,097,153.00 Total Amended Appropriations 3,252,317.07 Major Streets Fund Previously Approved Resources 24,471,858.29 Other - From (To) Fund Balance $1,559,263.00 Total Amended Resources 26,031,121.29 Previously Approved Appropriations 24,471,858.29 Requested Changes 1,559,263.00 Total Amended Appropriations 26,031,121.29 61st District Court Grants Fund Previously Approved Resources 2,274,967.11 Other 400,000.00 From (To) Retained Earnings - Total Amended Resources 2,674,967.11 Previously Approved Appropriations 2,274,967.11 Requested Changes 400,000.00 Total Amended Appropriations 2,674,967.11 Other Grants Fund Previously Approved Resources 4,634,117.80 Other 864,409.00 From (To) Fund Balance - Total Amended Resources 5,498,526.80 Previously Approved Appropriations 4,634,117.80 Requested Changes 864,409.00 Total Amended Appropriations 5,498,526.80 Economic Development Corp Fund Previously Approved Resources 120,981.42 Other 430,000.00 From (To) Fund Balance (12,000.00) Total Amended Resources 538,981.42 Previously Approved Appropriations 120,981.42 Requested Changes 418,000.00  23 CITY COMMISSION NOVEMBER 15, 2022 Total Amended Appropriations 538,981.42 Water Improvement Fund Previously Approved Resources $70,278,755.02 Other 276,400.00 From (To) Retained Earnings 150,000.00 Total Amended Resources 70,705,155.02 Previously Approved Appropriations $70,278,755.02 Requested Changes 426,400.00 Total Amended Appropriations 70,705,155.02 Vital Streets Capital – Non-Bond Fund Previously Approved Resources 21,317,829.93 Other 1,497,197.00 From (To) Fund Balance - Total Amended Resources 22,815,026.93 Previously Approved Appropriations 21,317,829.93 Requested Changes 1,497,197.00 Total Amended Appropriations 22,815,026.93 Sewer Improvement Fund Previously Approved Resources 33,695,144.98 Other (190,050.00) From (To) Retained Earnings - Total Amended Resources 33,505,094.98 Previously Approved Appropriations 33,695,144.98 Requested Changes (190,050.00) Total Amended Appropriations 33,505,094.98 Local Streets Fund Previously Approved Resources 7,649,895.21 Other 2,500,000.00 From (To) Fund Balance - Total Amended Resources 10,149,895.21 Previously Approved Appropriations 7,649,895.21 Requested Changes 2,500,000.00 Total Amended Appropriations 10,149,895.21 Result: Adopted. Mover: Moody. Supporter: Reppart. Yeas: Bliss, Lenear, Jones, Ysasi, Reppart, Moody Excused: Jon O’Connor Motion to give this ordinance immediate effect.  NOVEMBER 15, 2022 CITY COMMISSION 24 PUBLIC HEARINGS 92158 Result: Referred to Committee of the Whole. Public hearing to consider a Brownfield Plan Amendment for the Boston Square Community Hub Redevelopment Project at 1534 Kalamazoo Ave SE, 1435 Fuller Ave SE, and 1451 Fuller Ave SE. 92159 Result: Referred to Committee of the Whole. Public hearing to consider a Brownfield Plan Amendment for the United Methodist Community House Redevelopment Project at 900 Division Ave S. DOCUMENT FILED 92160 Result: Received and Filed. Document submitted by West Grand Neighborhood Organization on Trash Equity submitted for the public record. 92161 Result: Received and Filed. Document submitted by Robert Metzger entitled, "Systemic Racists of the Future." 92162 Result: Received and Filed. Documents submitted regarding Prospect and Michigan traffic concerns. ADJOURNMENT Commission adjourned at 10:06 PM JOEL H. HONDORP City Clerk