City Commission - Regular Session

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, January 24, 2023 CALL TO ORDER Commission was called to order by Mayor Rosalynn Bliss at 7:00 PM. ROLL CALL Present: Mayor Bliss, Commissioner O’Connor, Commissioner Ysasi, Commissioner Moody, Commissioner Perdue, Commissioner Robbins, Commissioner Knight Absent: None. The roll was called by the City Clerk. APPROVAL OF MINUTES On the motion of Com. Jon O’Connor, supported by Com. Nathaniel Moody, the reading of the minutes of the Regular Session of January 10, 2023 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92268 Result: Received and Filed. Communication received from Dennis Murphy regarding the homelessness crisis. 92269 Result: Referred to Committee on Appointments. Communication from Kelsey Perdue regarding their resignation from the Community Relations Commission. REPORTS OF CITY OFFICERS 92270 Result: Received and Filed. Comptroller’s report for the period of December 28, 2022 through January 10, 2023 in the amount of $20,532,221.34. 92271 Result: Received and Filed. Treasurer’s report for the period of December 28, 2022 through January 10, 2023. CONSENT AGENDA A. CONSENT AGENDA APPROVAL 1  JANUARY 24, 2023 CITY COMMISSION 2 92272 Result: Adopted. Mover: O’Connor. Supporter: Moody. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 92273 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that Mayor Bliss’ appointment of Lisa Haynes to the Mobile GR Commission for the remainder of a three-year term ending January 5, 2026, be confirmed. 92274 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that Mayor Bliss’ appointment of Ruben Ramos to the Southtown Corridor Improvement Authority for the remainder of a four-year term ending December 31, 2026, be confirmed. C. FISCAL COMMITTEE 92275 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. The City of Grand Rapids Water System is seeking approval to execute a lease agreement between the City and AT&T to utilize the Knapp Water Tank, located at 1856 Herrick NE, City of Grand Rapids, MI; and 2. The initial term of the lease agreement was for five 5-year terms, and AT&T wishes to renew the lease for an additional 30 years; and 3. The new lease payments will take effect March 28, 2023, at a rate of $28,000; the annual fee shall increase 10 percent every five years. Funds shall be deposited in Water Supply System account number 5910-536- 1000-6671; therefore RESOLVED the Mayor, upon approval as to form by the City Attorney, is authorized to execute a thirty-year lease agreement with AT&T to utilize the Knapp Water Tank, located at 1856 Herrick NE, City of Grand Rapids, MI. 92276 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, the Fiscal Committee has considered the attached bids; therefore RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors:  3 CITY COMMISSION JANUARY 24, 2023 1. Escape Velocity Holding, LLC Purchase and installation of an Original Equipment Manufacturer (OEM) Dell 1200T PowerEdge network storage solution for the Technology and Change Management Department (I.T.) from Escape Velocity Holding, LLC (dba Trace3) for the total amount of $325,200.00. D. COMMUNITY DEVELOPMENT COMMITTEE 92277 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED that the request to grant Feld Entertainment, Inc. d/b/a Disney On Ice a Fireworks Discharge Permit to be used in conjunction with the Disney On Ice: Let’s Celebrate performances at the Van Andel Arena on February 2–5, 2023, is approved, pending an inspection by the Fire Department. 92278 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, the City of Grand Rapids Mobile GR Department has obtained federal grant funds for safety improvements along Eastern Avenue; therefore RESOLVED: 1. That the agreement between 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” $44,200 to cover the Part A local participating project construction costs; and 4. That expenditures are authorized in an amount “not-to-exceed” $32,600 to cover the Part B local participating project construction costs; and 5. The expenditures are authorized in an amount “not-to-exceed” $230,400 to cover the federal non-participating costs; and 6. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as Mobile GR requests for payment in connection with the aforesaid project from the identified Vital Streets Capital Fund codes.  JANUARY 24, 2023 CITY COMMISSION 4 92279 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1) Pursuant to Title X, Section 24, of the Charter of the City of Grand Rapids, it is the duty of every owner of land situated in the City of Grand Rapids to abate and remove any nuisance thereon and comply with all orders and demands made by the Director of Public Welfare for the sanitary and healthful management and use of said lands and buildings and the appurtenances thereon situated; and 2) Pursuant to said charter provision and the pertinent provisions of the City Code, the owners of certain real property located in the City of Grand Rapids have been ordered to abate and remove any nuisances thereon; and 3) The Code Compliance Manager, as the designated representative of the Director of Public Welfare, has heretofore given notice in the manner provided by charter and ordinance to the owner/responsible person to abate said nuisance and specifying the character of the work to be done; and 4) The owner/responsible person of such property has in each instance failed to abate said nuisance as required by said notice; and 5) The Code Compliance Manager has caused the nuisance to be abated at the expense of the City, and the City has a lien on such land for such amount, together with the costs, penalties, and interest thereon until paid; and 6) The Code Compliance Manager has kept a duplicate of said notice and endorsed thereon the date and manner of such service; and 7) A certified account of the expense thereof to abate said nuisances has been prepared by the Code Compliance Manager and filed with the City Treasurer, and a copy of such certified account has been furnished to the owner of each property, if known; and 8) Pursuant to attached Exhibit A, the City Treasurer, in accordance with Title X, Section 25, of the City Charter has reported to the City Commission the accounts for nuisances remaining unpaid from billings with due dates from July 1, 2022, through December 31, 2022; therefore RESOLVED: 1) That the City Assessor be and is hereby ordered and directed to prepare and make assessment roll #8776, with each description of property constituting a separate assessment district and the several assessment  5 CITY COMMISSION JANUARY 24, 2023 districts to be combined in one assessment roll, and the amount of the unpaid account as herein stated, plus applicable late charges and billing fees, is to be assessed against the respective descriptions of property; and 2) That upon completion of the making of said assessment roll, the City Assessor shall give such notice of the proceedings that shall be had with respect thereto as is provided for assessment rolls for public and special improvements under Chapter 10 of the Ordinance Code of the City of Grand Rapids, and the City Assessor shall give notice of the session of the City Commission acting thereon and notice of the opportunity to be heard to all persons liable to be assessed on Roll #8776. 92280 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. On August 18, 2015, the City Commission approved an Obsolete Property Rehabilitation Exemption application (via Proceeding No. 84875) as filed by 1747 Partners, LLC; and 2. Since the approval of Obsolete Property Rehabilitation Certificate #3-15-0029 by the State Tax Commission on December 16, 2015, the project at 1747 Plainfield Avenue NE (the “Property”) was completed; and 3. The Property has been sold to 1747 Plainfield, LLC; therefore RESOLVED: 1. That the transfer of Obsolete Property Rehabilitation Exemption Certificate #3-15-0029 from 1747 Partners, LLC to 1747 Plainfield, LLC is approved; and 2. That the Economic Development Department shall provide notice of the assignment to the State Tax Commission. 92281 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. On December 13, 2020 (Proceeding No. 90286) the City approved a grant application in connection with the Grand River Trails East – Leonard Street to Ann Street (hereinafter referred to as the “Project”); and 2. On January 19, 2022 (Proceeding No. 91363) the City authorized final design engineering services in connection with the Project; and 3. It is necessary to authorize payments for Temporary Grading Permits in connection with the project; therefore  JANUARY 24, 2023 CITY COMMISSION 6 RESOLVED: 1. That payments in the amounts of $6,000.00, $780.00, $2,000.00, and $850.00 are hereby authorized to the following property owners at the following properties: 1535 Monroe Ave. NW, Parcel No. 41-13-13-427-001 1535 Monroe Avenue LLC ($6,000.00) 896 Timber Winds Ct. SW Grand Rapids, Michigan 49534; and 1305 Monroe Ave. NW, Parcel No. 41-13-13-476-006 James Balk, II Trust dated April 6, 1978 ($780.00) 1230 Monroe Avenue NW Grand Rapids, Michigan 49504; and 55 Leonard St. NW, Parcel No. 41-13-13-476-013 Pitsch Children’s Trust ($2,000.00) 675 Richmond St. NW Grand Rapids, Michigan 49504; and 1221 & 1225 Monroe Ave. NW, Parcel No.s 41-13-13-476-010 & 41-13-13-476-008 Do-Be LLC, a Michigan Limited Liability Company ($850.00) 2531 56th St. SW Wyoming, Michigan 49519; and 2. 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 Temporary Grading Permits. 92282 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. On February 9, 2021 (Proceeding 90549), April 27, 2021 (Proceeding No. 90735), and May 10, 2022 (Proceeding 91665) the City approved a professional services agreement with Granger Construction Company (Granger) for the following project: Improvements to Rosa Parks Circle (hereinafter referred to as the “Project”); and 2. It is necessary to increase the scope of work and authorize additional expenditures for the aforesaid agreement; therefore  7 CITY COMMISSION JANUARY 24, 2023 RESOLVED: 1. That the scope of work for the agreement with Granger Construction Company be increased at a cost of $120,000 with total expenditures not to exceed $3,153,000 which includes the costs of Professional Services Agreement with Granger and previously authorized fees. Said amount of $3,153,000 to be charged to the applicable codes currently defined as follows: $980,000 to Parks Millage, $550,000 to Code No. 2484-740-5010- 8010-1057 and $1,623,000 to Code No. 4010-751-9000-9880-401021056. 2. 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. 92283 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. On August 9, 2022 (Proceeding No. 91932) the City awarded a construction contract and authorized expenditures for Water Main and Water Service Replacement in Page Street, Lister Court, Plainfield Avenue and Public Easement (NE); and 2. It is necessary to approve an Occupancy License Agreement and authorize expenditures in connection with the aforesaid project; therefore RESOLVED: 1. That an Occupancy License Agreement is hereby approved with the following property owner at the following properties for $20,500.00: Grand Rapids Eastern Railroad ($20,500.00) now known by merger as Mid-Michigan Railroad, Inc. 13901 Sutton Park Drive S, Suite 160 Jacksonville, Florida 32224-0230 24 Page St. NE, Parcel No. 41-14-18-355-001 & 10 Grove St. NE, Parcel No. 41-14-18-355-009; and 2. That the Mayor is hereby authorized to execute the aforesaid Occupancy License Agreement and all other associated documents on behalf of the City contingent upon 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 designee requests in connection with the aforesaid Occupancy License Agreement in an amount “not-to-exceed” $28,000.00; and 4. That the City Clerk is hereby authorized and directed to record the aforesaid Occupancy License Agreement with the Kent County Register of  JANUARY 24, 2023 CITY COMMISSION 8 Deeds. E. COMMITTEE OF THE WHOLE 92284 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. Increasing the availability of outdoor dining space will help increase the vibrancy of downtown and neighborhood business districts; and 2. Public Act 124 of 2020 as amended empowers the City Commission to designate Social Districts with Commons Areas where purchasers may consume alcoholic beverages sold by multiple qualified Michigan Liquor Control Commission licensees who obtain Social District Permits; and 3. The City Commission has designated Social Districts containing Commons Areas within the City of Grand Rapids; and 4. The City Commission has received a request from a qualified licensee to recommend approval of their Social District Permit application by the Michigan Liquor Control Commission; and 5. The licensed premises of the licensee are contiguous to the Commons Areas within the designated Social Districts; and 6. The City Commission desires to recommend approval of the Social District Permit application; therefore RESOLVED: 1. That the Social District Permit application from San Chez Restaurant, Inc. dba San Chez, A Tapas Bistro/San Chez Cafe; 38 Fulton St W, Suite 100, is recommended by the City Commission for consideration and approval by the Michigan Liquor Control Commission; and 2. That the City Clerk is authorized and directed to provide the applicant with a certification of this action in the form specified by the Michigan Liquor Control Commission. 92285 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. The City Commission previously approved the Brownfield Plan (the "Plan") of 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; and  9 CITY COMMISSION JANUARY 24, 2023 2. The Authority has pursuant to Act 381 approved and recommended an amendment of the Plan for the 974 Front Avenue NW Redevelopment Project (the "Project") identified therein (the "Amendment"); and 3. The City Commission has held a public hearing on the Amendment after notice in accordance with the requirements of Act 381; 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 Amendment in the form presented is approved; and 6. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. 92286 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, the following resolution will enable the City to remain eligible for United States Department of Homeland Security grant funds for future hazard mitigation projects and prevention, in its continued efforts to improve the health and safety of the citizens of Grand Rapids; therefore RESOLVED: 1. That the City Commission accepts and adopts the 2022 Kent County, Ottawa County, City of Grand Rapids Regional Hazard Mitigation Plan as updated by the City of Grand Rapids and the counties of Kent and Ottawa; and 2. That the City Manager or his designee is hereby authorized, after approval as to form by the City Attorney, to execute other documents necessary to obtain and fulfill the grant and plan requirements, and to take other actions necessary to fulfill the requirements. ORDINANCES 92287 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight  JANUARY 24, 2023 CITY COMMISSION 10 ORDINANCE NO. 2023 - 02 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 172,041,731.38 Other - From (To) Fund Balance 55,274.73 Total Amended Resources 172,097,006.11 Previously Approved Appropriations 172,041,731.38 Executive Office Department 55,274.73 Total Amended Appropriations 172,097,006.11 Parks & Recreation Fund Previously Approved Resources 9,407,471.03 Other - From (To) Fund Balance 10,299.00 Total Amended Resources 9,417,770.03 Previously Approved Appropriations 9,407,471.03 Requested Changes 10,299.00 Total Amended Appropriations 9,417,770.03 Golf Course Fund Previously Approved Resources 950,545.62 Other 20,968.00 From (To) Retained Earnings - Total Amended Resources 971,513.62 Previously Approved Appropriations 950,545.62 Requested Changes 20,968.00 Total Amended Appropriations 971,513.62 Other Grants Fund Previously Approved Resources 5,498,526.80 Other 600,000.00 From (To) Fund Balance - Total Amended Resources 6,098,526.80 Previously Approved Appropriations 5,498,526.80 Requested Changes 600,000.00 Total Amended Appropriations 6,098,526.80  11 CITY COMMISSION JANUARY 24, 2023 MET-Dept of Justice Fund Previously Approved Resources 20,000.00 Other - From (To) Fund Balance 15,000.00 Total Amended Resources 35,000.00 Previously Approved Appropriations 20,000.00 Requested Changes 15,000.00 Total Amended Appropriations 35,000.00 Federal Forfeitures-Dept of Justice Fund Previously Approved Resources 70,000.00 Other 15,000.00 From (To) Fund Balance (15,000.00) Total Amended Resources 70,000.00 Previously Approved Appropriations 70,000.00 Requested Changes - Total Amended Appropriations 70,000.00 Water Improvement Fund Previously Approved Resources 70,705,155.02 Other 1,273,600.00 From (To) Retained Earnings - Total Amended Resources 71,978,755.02 Previously Approved Appropriations 70,705,155.02 Requested Changes 1,273,600.00 Total Amended Appropriations 71,978,755.02 Fire Grants Fund Previously Approved Resources 3,832,509.61 Other 603,044.00 From (To) Fund Balance - Total Amended Resources 4,435,553.61 Previously Approved Appropriations 3,832,509.61 Requested Changes 603,044.00 Total Amended Appropriations 4,435,553.61 Result: Adopted. Mover: Moody. Supporter: O’Connor. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect.  JANUARY 24, 2023 CITY COMMISSION 12 92288 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight AN ORDINANCE AMENDING SECTIONS 1.242 AND 1.258 OF “POLICE AND FIRE RETIREMENT SYSTEM”, BEING ARTICLE 2, CHAPTER 7, TITLE I OF THE GRAND RAPIDS CITY CODE ORDINANCE NO. 2023 - 03 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 1.242(3) of Article 2, Chapter 7, Title I of the Code of the City of Grand Rapids be amended to read as follows: “(3) Allowance payments shall be suspended for any retirant who is employed by the employer for more than seven hundred (700) hours in a calendar year. Allowance payments shall be suspended immediately upon attainment of seven hundred (700) hours worked and shall remain suspended for the duration of that calendar year that the retirant continues to work for the employer. Any such retirant so employed shall not become a member of the system or gain any credited service or other allowance enhancements as a result of time worked after retirement. The employer shall notify the Retirement Systems of the employment of a retirant and upon the completion of seven hundred (700) hours worked by that retirant. Effective July 1, 2022, the limit for retirees of the Grand Rapids Police Officers Association Officer & Sergeant Unit shall be one thousand forty (1,040) hours per calendar year.” Section 2. That Sections 1.258(4)(a) and 1.258(4)(b) of Article 2, Chapter 7, Title 1 of the Code of the City of Grand Rapids be amended to read as follows: “(a) Firefighter Members. Member contribution rates for Firefighters hired prior to January 10, 2012 shall be payable in accordance with the following table. Determination of the rate to be paid shall be based upon the prior December 31 valuation date, and any change in member contribution rates shall be for the next ensuing employer fiscal year following the determination. 13 CITY COMMISSION JANUARY 24, 2023 System Funding Represented As a Percentage of Valuation January From Assets to January 1, 2010 July 1, January and Actuarial 1, 2009 – – June 2012 – 1, 2013 after Accrued December 30, December – June July 1, Liabilities 31, 2009 2012. 31, 2012 30, 2013 2013 Below 100% 3.20% 4.20% 5.70% 6.70% 10.70% 100% - 9.70% 3.20% 4.20% 5.70% 6.70% 104.999% 105% - 8.70% 3.20% 4.20% 5.70% 6.70% 109.999% 110% - 7.70% 3.20% 4.20% 5.70% 6.70% 114.999% 115+% 3.20% 4.20% 5.70% 6.70% 6.70% Member contribution rates for Firefighters hired on or after January 10, 2012 shall be payable in accordance with the following table. Determination of the rate to be paid shall be based upon the prior December 31 valuation date, and any change in member contribution rates shall be for the next ensuing employer fiscal year following the determination. System Funding Represented As a Percentage of Valuation Assets to Actuarial From and after Accrued Liabilities Prior to October 16, 2022 October 16, 2022 Below 100% 10.70% 7.70% 100% - 104.999% 9.70% 6.70% 105% - 109.999% 8.70% 5.70% 110% - 114.999% 7.70% 4.70% 115+% 6.70% 4.70% (b) Police Officers & Sergeants. Member contribution rates for Police Officers & Sergeants shall be payable in accordance with the following table. Determination of the rate to be paid shall be based upon the prior December 31 valuation date, and any change in member contribution rates shall be for the next ensuing employer fiscal year following the determination. JANUARY 24, 2023 CITY COMMISSION 14 System January 1, July 1, January 8, From and Funding 2009— 2011— 2012— after Represented June 30, January 7, June 30, June 30, As a 2011 2012 2013 2013 Percentage of Valuation Assets to Actuarial Accrued Liabilities Below 100% 8.00% 8.66% 9.86% 9.86% 100%— 7.00% 7.66% 8.86% 8.86% 104.999% 105%— 6.00% 6.66% 7.86% 7.86% 109.999% 110%— 5.00% 5.66% 6.86% 6.86% 114.999% 115%— 4.00% 4.66% 5.86% 5.86% 119.999% 120%— 4.00% 4.66% 5.86% 5.20% 124.999% 125%— 4.00% 4.66% 5.86% 4.54% 129.999% 130%— 4.00% 4.66% 5.86% 3.88% 134.999% 135%+ 4.00% 4.66% 5.86% 3.22% During the period of July 1, 2009 through June 30, 2011 the member contribution rate for Police Officers & Sergeants shall be 4.00%, regardless of the annual actuarial valuation results. During the period of July 1, 2011 through January 7, 2012 the member contribution rate for Police Officers & Sergeants shall be 4.66%, regardless of the annual actuarial valuation results. During the period of January 8, 2012 through June 30, 2013 the member contribution rate for Police Officers & Sergeants shall be 5.86%, regardless of the annual actuarial valuation results. After June 30, 2013, should the System funding level, as determined by the System actuary, be 120% or greater, the member contribution rate for Police Officers & Sergeants shall be 5.86% for one full fiscal year following such determination. Effective the subsequent fiscal year (i.e., after a delay of one [1] fiscal year from the time the funding level is determined to be 120% or above and the member contribution rate for Police Officers & Sergeants has been 5.86% for that one [1] year period) and each fiscal year thereafter the member contribution  15 CITY COMMISSION JANUARY 24, 2023 percentage for Police Officers & Sergeants shall be determined based on the prior December 31 valuation date and effective for the next ensuing employer fiscal year. Member contribution rates for Police Officers & Sergeants hired on or after December 20, 2011 shall be payable in accordance with the following table. Determination of the rate to be paid shall be based upon the prior December 31 valuation date, and any change in member contribution rates shall be for the next ensuing employer fiscal year following the determination. System Funding Represented As Prior to a Percentage of Valuation Assets November From and after to Actuarial Accrued Liabilities 27, 2022 November 27, 2022 Below 100% 9.86% 6.86% 100% - 104.999% 8.86% 5.86% 105% - 109.999% 7.86% 4.86% 110% - 114.999% 6.86% 3.86% 115% - 119.999% 5.86% 2.86% 120% - 124.999% 5.20% 2.20% 125% - 129.999% 4.54% 1.54% 130% - 134.999% 3.88% 0.88% 135%+ 3.22% 0.22% ” Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect. Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give immediate consideration. 92289 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight AN ORDINANCE TO AMEND SECTION 2.203 AND SECTIONS 2.261 THROUGH 2.270 OF CHAPTER 32 OF TITLE II OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED CITY STORMWATER DRAINAGE SYSTEM TO ADDRESS FLOODPLAIN MANAGEMENT PROVISIONS ORDINANCE NO. 2023 – 04  JANUARY 24, 2023 CITY COMMISSION 16 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 2.203, “Definitions,” of Chapter 32 of Title II of the Code of the City of Grand Rapids be amended in its entirety to read as follows: “Sec. 2.203. - Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section unless the context in which they are used specifically indicates otherwise: (1) Base Flood. A flood having a one (1) percent chance of being equaled or exceeded in any given year, which is also called the "100-year flood." (2) Base Flood Elevation. The high water elevation of the Base Flood and is commonly referred to as the "100-year flood elevation." (3) Best Management Practices (BMPs). A schedule of activities, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the Maximum Extent Practicable (MEP) the discharge of pollutants directly or indirectly into the receiving waters of the State or City Stormwater Drainage System (CSDS). BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. (4) City. The municipal corporation that is the City of Grand Rapids, Michigan and includes all authorized agents of the City of Grand Rapids when acting within the scope of their authority. (5) City Manager. The City Manager of the City of Grand Rapids and any persons designated to act on behalf of the City Manager in the administration or enforcement of this Chapter. (6) City Stormwater Drainage System (CSDS). Includes all wetlands, surface water bodies, and all public storm drainage structures used in connection with the collection, control, transportation, treatment, or discharge of stormwater runoff and exempted discharges within the City of Grand Rapids. The CSDS does not include sewers or other facilities connected to the Grand Rapids Sanitary Sewage Disposal System, nor does the CSDS include private stormwater drainage facilities, which receive or convey stormwater runoff exclusively from privately owned property. (7) Clean Water Act. The Federal Water Pollution Control Act, 33 USC Sec. 1251 et seq., as amended and applicable regulations promulgated thereunder. (8) Design Engineer. Registered and licensed professional engineer responsible for engineering approval of the site plan design. (9) Detention Basin or Facility. A drainage facility designed and 17 CITY COMMISSION JANUARY 24, 2023 constructed to temporarily store stormwater runoff for a period of time, between twenty-four (24) and seventy-two (72) hours. (10) Drainage. The collection, conveyance or discharge of surface water and/or groundwater. (11) Drainage Area. The land area above a given point that contributes stormwater at that point. (12) Drainage way. The route and surface area by which surface water or groundwater is carried overland from one (1) part of a lot, parcel, right- of-way or adjacent property to another lot, parcel, right-of-way or adjacent property. (13) Driveway Approach. Any area in which, because of topography, elevation, position or location, it is necessary to enclose the gutter or road ditch in a driveway culvert in order to have a proper and suitable entrance to any property abutting on any public right-of-way. (14) Driveway Culvert. A drain pipe or other structure of concrete, masonry, metal, vitrified tile or other materials or combination thereof used to convey or carry surface water across, under or through any driveway or road ditch and/or to connect two (2) or more sections of a gutter or road ditch. (15) Dwelling Unit, Multiple-Family, or Multi-Family. A building or lot containing three (3) or more dwelling units, each of which is totally separated from the other units, any two (2) or more of which may be provided with a common entrance or hall. Includes dwelling units on upper stories of a structure with non-residential uses on other stories. (16) Earth Change. Any human activity that removes ground cover, changes the slope or contours of the land, or exposes the soil surface to the actions of wind and rain. Earth change includes, but is not limited to, any excavating, surface grading, filling, landscaping or removal of vegetative roots. (17) Michigan Department of Environment, Great Lakes, and Energy (EGLE). A department of the State of Michigan, formerly Michigan Department of Environmental Quality (MDEQ). In addition to other responsibilities, EGLE is responsible for NPDES permitting. (18) Environmental Services Department (ESD). A Department of the City of Grand Rapids responsible for the administration, compliance and enforcement activities associated with its NPDES permit(s). (19) Erosion. The process by which the ground surface is worn away by action of wind, water, gravity or a combination of those forces. (20) Excavation or Cut. Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and the conditions resulting from such acts. (21) Exempted Discharges. Those discharges into the CSDS other than stormwater as specified in Article 3 of this Chapter. (22) Federal Emergency Management Agency (FEMA). The federal agency of the executive branch of the federal government charged with federal emergency management and associated regulations. JANUARY 24, 2023 CITY COMMISSION 18 (23) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of water bodies or the unusual and rapid accumulation of surface water runoff from any source. (24) Flood Insurance Rate Map (FIRM). An official map of a community, issued by FEMA, which delineates both the special hazard areas and the risk premium zones applicable to the community. (25) Floodplain or Flood-prone Area. Any land area susceptible to water inundation from any source as defined by Flooding. It would mean the Base Flood Elevation, unless otherwise specified. (26) Flood Protection Elevation (FPE). The Base Flood Elevation plus one (1) foot at any given location. (27) Flood-proofing. Any combination of structural and non-structural additions, changes or adjustments to structures or property which reduce or eliminate flood damage to real estate or improved real property, public and private utilities, structures and their contents. (28) Floodway. The channel of a river, or other watercourse, and the adjacent land areas that must be reserved to carry and discharge a Base Flood without cumulatively increasing the water surface elevation more than one-tenth (1/10) of a foot due to the loss of flood conveyance or storage. (29) Flood Fringe Area. The area between the Floodway and the Floodplain limits. (30) Grading. Any stripping, excavating, filling, stockpiling of soil or any combination of such acts and the land in its excavated or filled condition. (31) Gutter. A shallow paved channel integrated into a pavement section for the purpose of conveying runoff. A gutter is typically provided along the edge of pavement as part of a curb. Gutters may also be located down the center of alleys and parking lots. (32) Illicit Connection. Any method or means for conveying an illicit discharge into the CSDS or water bodies of the State. (33) Illicit Discharge. Any discharge to the CSDS, or water bodies of the State, that is not composed entirely of stormwater, discharges pursuant to the terms of an NPDES permit or exempted discharges as defined in this Chapter. (34) Impervious Surface. Surface that does not allow runoff to percolate into the ground such as roads, parking lots, sidewalks and rooftops. (35) Land Owner or Landowner. Any person who owns real property, or who holds a recorded easement on the property, or who is engaged in construction in a public right-of-way in accordance with sections 13, 14, 15, and 16 of Act No. 368 of the Public Acts of 1925, as amended, (MCL 247.183, 247.184, 247.185, and 247.186) as defined in Administrative Rules, Part 17 of the Natural Resources and Environmental Protection Act, 1994, PA 451, as amended (Act 451). (36) Lowest Floor. The lowest floor or the lowest enclosed area (including 19 CITY COMMISSION JANUARY 24, 2023 basement). An unfinished or flood resistant enclosure, which is usable solely for parking of vehicles; building access; or storage in an area other than a basement area is not considered the building's lowest floor. (37) Maximum Extent Practicable (MEP). This phrase refers to the effective implementation of BMPs. Effective BMPs remove pollutants identified at a site for reduction; comply with all applicable stormwater regulations; are compatible with the area's land use, character, facilities and activities; implementation costs should not normally exceed the benefits obtained from pollution reduction; and must be technically feasible (considering area soil, geography, water resources and other resources available). (38) Municipal Enforcing Agency (MEA). Cities (including Grand Rapids), villages, charter townships, and some general law townships that have elected to enforce Part 91 through adoption of a soil erosion and sedimentation control ordinance. After approval of the ordinance by the Department of Environment, Great Lakes, and Energy (EGLE), the MEA assumes responsibility for administering and enforcing Part 91 within their jurisdictions, independent of the County Enforcement Agency. (39) Non-conforming Structure. Any structure that does not comply with the standards established in Article 6, Section 2.262, Standards for Flood- Resistant Construction, of this Chapter. These are usually structures built prior to the determination of the Floodplains by FEMA and the enactment of the associated Floodplain regulations, but could include structures for which a variance had been granted. (40) NPDES Permit. A National Pollution Discharge Elimination System permit issued pursuant to Section 402 of the Federal Water Pollution Control Act or Clean Water Act, as amended or successor legislation. (41) One Hundred-Year Floodplain. That area which would be inundated by storm runoff or flood water of one hundred (100) year recurrence frequency as determined by a flood insurance study or other more scientifically precise analysis accepted by the City Manager. (42) Overland Flow-Way. The surface area that conveys a concentrated flow of stormwater runoff. (43) Person or Entity. An individual, association of individuals, a public, private or not for profit corporation, a firm, partnership or instrumentality. (44) Plan. Written narratives, specifications, drawings, sketches, written standards, operating procedures or any combination of these, which contain information pursuant to this Chapter. (45) Pollutant. A substance discharged which includes, but is not limited to the following: any dredged spoil, solid waste, vehicle fluids, yard wastes, animal wastes, agricultural waste products, sediment, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological wastes, radioactive materials, heat, JANUARY 24, 2023 CITY COMMISSION 20 wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, commercial and agricultural waste, or any other contaminant or other substance defined as a pollutant under the Clean Water Act (46) Pre-Development. The last land use and condition prior to the proposed development or redevelopment. (47) Property Owner. Any person having legal or equitable title to property or any person having or exercising care, custody, or control over any property. (See also Responsible Party). Property owner shall also mean: (a) Any person who is a Land Owner as defined, or (b) Any person who in fact has been empowered to act on behalf of or as agent of the owner, or (c) Any person who has or exercises care, custody, dominion or control over any property, or (d) Any person who has received a Tax Deed from the State of Michigan for the property and the person has served a notice by persons claiming title under Tax Deed, and the six (6) month redemption period has expired or nine (9) months has lapsed since the person received the Tax Deed to the property, or (48) Riparian Property Owner. A person or entity owning land bordering on a stream, river or lake. (49) Repetitive Loss Structure. A building covered by a contract for flood insurance that has incurred flood-related damages on two (2) occasions during a ten (10) year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded twenty-five (25) percent of the market value of the building at the time of each such flood event. (50) Responsible Party. Any discharger, property owner, tenant, employee, officer, director, partner, contractor or other person who participates in, or is legally or factually responsible for, any act or omission which is a violation of this Chapter or which results in a violation of this Chapter. It is intended that this definition be interpreted broadly to include anyone who participates in an act or omission that results in a violation of this Chapter. (51) Retention Basin or Facility. A drainage facility designed and constructed to permanently store stormwater runoff for an indefinite period of time. (52) Road Ditch. A channel located along roads and within the right-of-way to provide drainage. Typically used for along rural roads. Typically vegetated. (53) Sediment. Any solid particulate matter that has been deposited in water, is in suspension in water, is being transported, and has been removed from its site of origin by the process of erosion. (54) Show Cause Hearing. A formal meeting with ESD staff occasioned by 21 CITY COMMISSION JANUARY 24, 2023 a Show Cause Order requiring a responsible party(s) to appear and demonstrate why a proposed enforcement action should not be taken against them. (55) Soil Erosion and Sedimentation Control Plan (SESCP). A plan to guide construction, maintenance or repair activities designed to prevent the discharge of sediments from the work site. The SESCP is a document that describes and specifies the soil erosion and sedimentation control measures that are to be used during and after the construction, maintenance, or repair operations. The SESCP may consist of one (1) or more of the following types of documents: (a) Scaled drawing of the site and the proposed soil erosion and sedimentation control measures (b) Specifications (Standard and Special), (c) Narrative descriptions of the scope and type of soil erosion and sedimentation control measures to be employed, (d) Standard Operating Procedures for soil erosion and sedimentation control. (56) Special Flood Hazard Area (SFHA). An area subject to flooding identified on the Flood Insurance Rate Map published by FEMA. (57) State of Michigan Water Quality Standards. All applicable State rules, regulations and laws related to water quality. (58) Storm Drain. A system of structures such as constructed flood control channels, ditches, aqueducts, storm drains, pipes, street gutters or catch basins intended to convey only stormwater runoff, street wash waters, groundwater drainage, and discharges allowed by State or Federal discharge permits. (59) Stormwater. The runoff and drainage of precipitation resulting from rainfall or snowmelt or other natural precipitation event and includes naturally occurring sediment, silt and substances present in undeveloped watersheds. (60) Stormwater Pollution Prevention Plan. Refers to a document which describes the Best Management Practices (BMPs) to be implemented as a condition for the issuance of an NPDES permit to reduce or eliminate the discharge of pollutants to the Maximum Extent Practicable (MEP). (61) Stormwater Standards Manual. “Stormwater Standards Manual: Procedures & Design Criteria for Stormwater Management”, City of Grand Rapids, latest edition. (62) Stormwater System Manager (SSM). The ESD Director or designated contact person in accordance with Article 3, Section B.3 of the NPDES Municipal Stormwater System permits. (63) Streams. A river, creek, or other surface watercourse which may or may not be serving as a drain as defined in Act No. 40 of the Public Acts of 1956, as amended, (MCL 280.1) and which has definite banks, a bed, and visible evidence of the continued flow or continued occurrence of water, including the connecting waters of the Great JANUARY 24, 2023 CITY COMMISSION 22 Lakes. (64) Stripping. Any activity which removes or significantly disturbs the vegetative surface cover of a property including, but not limited to, clearing and grubbing operations. (65) Stormwater Drainage Facilities Easement Agreement. An easement granted to the City of Grand Rapids by the developer of a parcel of land which enumerates the maintenance and liability responsibility of the developer and any successors and assigns for the stormwater drainage facilities located with the proposed development which have been constructed to mitigate the adverse impact of stormwater runoff from the site and to facilitate that development. (66) Structure. Any man-made thing, edifice or construction in or upon the ground and any man-made change to the land. Structure includes, but is not limited to, buildings, manufactured homes, and recreational vehicles installed or left on a site for more than one hundred eighty (180) days. (67) Substantial Damage. "Damage of any origin is sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred", as defined in the NFIP Floodplain Management Regulations 44 CFR 59.1. (68) Substantial Improvement. The cost of any repair, reconstruction or improvement of an existing structure that equals or exceeds fifty (50) percent of the true cash value of the structure, either: (a) Before the improvement is started, (b) Before the damage occurred if the structure has been damaged and is being restored, 1. Such improvements include structures which have incurred "repetitive loss" or "substantial damage", regardless of the actual repair work performed. Substantial Improvement is started when the first alteration of any structural part of the building commences. (69) Violations. (a) Isolated. A Chapter 32 violation which occurs when a person or entity has failed to adequately comply with not more than two (2) specific requirements of the CSDS Ordinance or permit but otherwise would be considered to be in compliance, provided such failure is not a recurring or significant incident. (b) Recurring. A Chapter 32 violation which occurs when a person or entity exhibits a recurring pattern of compliance failures. (c) Significant. A Chapter 32 violation occurs when a person or entity has failed to adequately comply with the requirements of the CSDS Ordinance, State or Federal regulations, or the conditions of a permit, and the compliance failure has caused damage to the CSDS, other properties or the environment, or has caused the City's CSDS to violate its stormwater NPDES permit.  23 CITY COMMISSION JANUARY 24, 2023 (70) Water Body. Defined under State Law; Public Act 451 of 1994, as amended (MCL 324.101 et seq.), Natural Resources and Environmental Protection Act. (71) Watershed. All the land area which contributes runoff to a particular point along a waterway. (72) Wetlands. Defined under State Law, Public Act 451 of 1994, as amended (MCL 324.101 et seq.), Natural Resources and Environmental Protection Act.” Section 2. That Article 6, “Floodplain Standards,” Sections 2.261 to 2.270 of Chapter 32 of Title II of the Code of the City of Grand Rapids, be amended in its entirety to read as follows: “ARTICLE 6. - FLOODPLAIN STANDARDS Sec. 2.261. - Designation of Regulated Flood Prone Hazard Areas. (1) This Article is to regulate the development of land located in the Floodplain and protect the public and the environment from flood losses or damage consistent with requirements of the National Flood Insurance Program. (2) The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) Entitled “Flood Insurance Study for Kent County, All Jurisdictions” and dated February 23, 2023 and the Flood Insurance Rate Map (FIRM) panel numbers shown on the index panels: 26081CIND1A and 26081CIND2A, effective February 23, 2023, are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the “Flood Hazards” section of Table R301.2(1) of the Michigan Residential Code. (3) The City Clerk shall maintain a master copy of the above study and associated maps for public inspection. The FEMA maps shall take precedence over any other source of Floodplain information. Sec. 2.262. - Standards for Flood-Resistant Construction. (1) Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code, “Flood- Resistant Construction,” shall be enforced by the enforcing agency within the jurisdiction. (2) If there is a conflict between the provisions and restrictions of this Chapter and other provisions of the building regulations of Title V and Title VIII of the Code, the more restrictive shall apply. (3) The City shall maintain permanent records of all permit reviews within the One Hundred-Year Floodplain.  JANUARY 24, 2023 CITY COMMISSION 24 Sec. 2.263. - Special Conditions Upon reviewing all data and materials and before issuing any permit, the City Manager may attach conditions to the issuance of said permit which relate to Floodplain management and Flood-proofing, which are reasonably necessary to further the intent and spirit of this Chapter and protect the general public health, safety, and welfare. Sec. 2.264. - Advisability of Additional Flood Protection. The degree of flood protection required by this Chapter is hereby found to be the minimum necessary and reasonable for regulatory purposes. Larger floods may occur and higher floodwater heights may occur than will be mitigated or controlled by compliance with these requirements. This Chapter shall not be interpreted to imply or guarantee that areas outside the Floodplain, or uses permitted within such area, shall remain free from flooding or flood damage. Compliance with the terms of this Chapter will not guarantee freedom from damage, injury or loss of life. This Chapter shall not create liability for the City of Grand Rapids or any officer, agent or employee of the City for any flood or flood related damage. Secs. 2.265 - 2.270 Reserved.” Section 3. This Ordinance is immediately necessary for the preservation of public health, peace, and safety, and shall be effective the day after publication. Result: Adopted. Mover: Moody. Supporter: O’Connor. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect. PUBLIC HEARINGS 92290 Result: Referred to Committee of the Whole. Public hearing to consider a Brownfield Plan Amendment for the 415 Sheldon Avenue SE Redevelopment Project at 415 Sheldon Ave SE. 92291 Result: Referred to Committee of the Whole. Public hearing to consider the establishment of a Neighborhood Enterprise Zone for the 415 Sheldon Avenue SE project located at 415 Sheldon Avenue SE. DOCUMENTS FILED 92292 Result: Received and Filed. Agreement to provide services between Grand Valley State University's Dorothy A. Johnson Center for Philanthropy and the City of Grand Rapids submitted for the public record.  25 CITY COMMISSION JANUARY 24, 2023 92293 Result: Received and Filed. Proposal for Appraisal of 3333 Deposit Drive NE with Integra Realty Resources submitted for the public record. 92294 Result: Received and Filed. Document submitted by Robb Metzger regarding systemic racism. 92295 Result: Received and Filed. Document submitted by Robb Metzger regarding cost savings and gift cards. ADJOURNMENT Commission adjourned at 8:30 PM JOEL H. HONDORP City Clerk