City Commission - Regular Session

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, February 7, 2023 CALL TO ORDER Commission was called to order by Mayor Rosalynn Bliss at 2:04 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. Drew Robbins, the reading of the minutes of the Regular Session of January 24, 2023 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92296 Result: Received and Filed. Communication received from Housing Justice NOW! Volunteer Organizers with Grand Rapids Area Tenants Union expressing opposition to the Grand Rapids Chamber's proposed ordinance. 92297 Result: Referred to Committee on Appointments. Communication from Kim Bode regarding their resignation from the North Quarter Corridor Improvement Authority. 92298 Result: Referred to Committee on Appointments. Communication from Christopher Doleshal regarding their resignation from the Parks and Recreation Advisory Board. 92299 Result: Referred to Committee on Appointments. Communication from Joan Huyser-Honig regarding their resignation from the Urban Agriculture Committee. 92300 Result: Referred to Committee on Appointments. Communication from Jill Myer regarding their resignation from the Urban Agriculture Committee. 1  FEBRUARY 7, 2023 CITY COMMISSION 2 92301 Result: Received and Filed. Communication received from Scott Atchison regarding Highland Park. 92302 Result: Received and Filed. Communications (23) received urging the City Commission to publicly reject Chamber of Commerce ordinance to target unhoused neighbors. REPORTS OF CITY OFFICERS 92303 Result: Received and Filed. Comptroller’s report for the period of January 11, 2023 through January 24, 2023 in the amount of $21,567,695.74. 92304 Result: Received and Filed. Treasurer’s report for the period of January 11, 2023 through January 20, 2023. CONSENT AGENDA A. CONSENT AGENDA APPROVAL 92305 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 92306 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED, that the City Commission’s appointment of Tania Bermejo to the Civil Service Board for the remainder of a four-year term ending May 5, 2025, be approved. 92307 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED, that Mayor Bliss’ appointment of Nathaniel Phillips to the North Quarter Corridor Improvement Authority for the remainder of a four-year term ending December 31, 2024, be confirmed. 92308 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED, that Mayor Bliss’ appointment of Andrea Hendrick to the North Quarter Corridor Improvement Authority for the remainder of a four year term ending December 31, 2026, be confirmed.  3 CITY COMMISSION FEBRUARY 7, 2023 92309 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED, that Mayor Bliss’ appointment of Kyle Kimble to the Board of Review for the remainder of a five-year term ending February 1, 2025, be confirmed. 92310 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED, that Mayor Bliss’ appointment of Judson Mowbray to the Board of Review for the remainder of a five-year term ending February 1, 2026, be confirmed. 92311 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED, that Mayor Bliss’ appointment of Calvin Mills to the Community Relations Commission for the remainder of a three-year term ending January 5, 2026, be confirmed. 92312 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED, that Mayor Bliss’ appointment of Brittney Hayes to the Community Relations Commission for the remainder of a three-year term ending January 5, 2026, be confirmed. 92313 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED, that Mayor Bliss’ appointment of Ali Jaffry to the Community Relations Commission for the remainder of a three-year term ending January 1, 2024, be confirmed. 92314 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED, that Fire Retirement System’s appointment of William Fabiano to the Police and Fire Retirement System Board of Trustees for the remainder of a four-year term ending January 6, 2025, be recognized. C. FISCAL COMMITTEE 92315 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. WHEREAS, Grand Rapids Community College expended $260,763.89 for eligible capital equipment purchases for the operation of the Educational portion of Public, Educational and Governmental (PEG) access channels or production of programming for these channels; and  FEBRUARY 7, 2023 CITY COMMISSION 4 WHEREAS, appropriated funds for this expenditure have been already received by the City; therefore RESOLVED: That the City of Grand Rapids Comptroller is authorized to reimburse Grand Rapids Community College for eligible capital equipment purchases for the operation of the Public, Educational and Governmental (PEG) access channels or production of programming for these channels, in the amount of $260,763.89, distributed as follows: Grand Rapids Community College (GRCC) $260,763.89 TOTAL: $260,763.89 92316 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. WHEREAS: 1. The City of Grand Rapids wishes to provide supplemental funding to neighborhood organizations currently funded by CDBG funds to assist in the community engagement related for the creation of the new Community Master Plan; and 2. The Planning Department seeks to engage community partners, including a variety of neighborhood organizations, who represent certain populations and have special knowledge, connections, and expertise to assist the City in fulfilling the objectives of the Community Master Plan process; and 3. Neighborhood organizations are well-positioned to provide services to assist with public engagement efforts associated with the Community Master Plan process to lift up resident voice and leadership, build stronger connections between neighbors, and gather citizen feedback; RESOLVED: 1. The Planning Department is hereby authorized to award 11 disbursements of $2,500 each to neighborhood organizations, for a total of $27,500, and execute 11 contracts in a form to be approved by the City Attorney in support of the Community Master Plan process, such amounts to be charged to account number 1010/261/1020/1016; and 2. The Comptroller is hereby authorized and directed to issue corresponding payments upon request of the Planning Department consistent with this resolution.  5 CITY COMMISSION FEBRUARY 7, 2023 92317 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED: 1. That the City of Grand Rapids (“City”) accepts a grant award in the amount of $9,378,000 from the Michigan Strategic Fund (MSF) for the Revitalization and Placemaking (RAP) grant program; and 2. That an agreement between the City and the MSF for the RAP grant program is approved, and the Mayor is authorized to execute said agreement and any amendments thereto in a form approved by the City Attorney; and 3. That sub-grant agreements between the City and the applicants listed below are approved, and the Mayor is authorized to execute said sub-grant agreements and any amendments thereto in a form approved by the City Attorney Project Name Project Address Sub-Grant Amount 974 Front Redevelopment 974 Front Ave NW $1,800,000 Lexington Senior Apartments 45 Lexington Ave NW $895,000 United Methodist Community House 900 Division Ave S $1,425,000 Eastpointe Commons 1450 Fulton Street E $990,000 Academy Manor Redevelopment 2025 Fulton Street E $795,000 Amplify GR F2/F3 Building 1480 Kalamazoo Ave SE $2,425,000 MoTown Square Senior Affordable Living 240 Hall Street SE $990,000 ;and 4. That all resolutions or parts of resolutions in conflict herewith are hereby rescinded. 92318 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. 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. Fastenal Company One-year term contract with two, one-year renewal options for vending machine services and products for maintenance, repair and operating (MRO) supplies for various City departments from Fastenal Company for an annual “not-to-exceed” amount of $120,000.00; the estimated three- year total amount is $360,000.00.  FEBRUARY 7, 2023 CITY COMMISSION 6 2. Alta Equipment One-year term contract with two, one-year renewal options for the seasonal rental of an asphalt paver for the Public Works Department from Alta Equipment Company for a “not-to-exceed” annual amount of $60,000.00; the estimated three-year total amount is $180,000.00. FURTHER RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors: 3. Peterbilt of Michigan, Inc. Fredrickson Supply, LLC Cooperative purchase through Sourcewell contracts #060920-PMC and #101221-SCA for the Fleet Management Department for the purchase of an Original Equipment Manufacturer (O.E.M.) Peterbilt 567 truck cab & chassis from Peterbilt of Michigan, Inc. (dba JX Peterbilt - Grand Rapids) for the amount of $188,176.87; and for the purchase of an Original Equipment Manufacturer (O.E.M.) SECA truck-mounted combination sewer cleaner body from Fredrickson Supply, LLC for the amount of $434,268.59. D. COMMUNITY DEVELOPMENT COMMITTEE 92319 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. WHEREAS, a request has been received for the commemorative designation of 33rd Street from Eastern Avenue to 1,317 feet East of Eastern Avenue as "Bishop Dennis J. McMurray Way"; therefore RESOLVED that a public hearing for consideration of the commemorative designation of 33rd Street from Eastern Avenue to 1,317 feet East of Eastern Avenue as "Bishop Dennis J. McMurray Way" will be held on February 21, 2023 at 7:00 p.m. local time for the purpose of hearing any and all persons affected by and interested in such commemorative designation. The hearing will be scheduled at City Hall, 300 Monroe Avenue NW, Grand Rapids Michigan 49503. 92320 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED that the request to grant Strictly FX, LLC/WWE a Fireworks Discharge Permit to be used in conjunction with the WWE Raw Event at the Van Andel Arena on February 27, 2023 is approved, pending an inspection by the Fire Department.  7 CITY COMMISSION FEBRUARY 7, 2023 92321 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED: 1. That a public hearing be scheduled for Tuesday, February 21, 2023, at 7:00 p.m. to consider submittal of a grant application to the Michigan Department of Natural Resources/Michigan Natural Resources Trust Fund for site improvements to Highland Park; and 2. That the City Clerk shall publish notice of said hearing. 92322 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. WHEREAS, bids were received on January 17, 2023 for the following project: Trench Repairs over Water and Sewer Lines, Curb Repair, Parking Lot Repair and Traffic Calming at Various Locations – Contract No. 2023-1 (hereinafter referred to as the “Project”) and Lodestar Construction, Inc. (Lodestar) submitted a bid of $825,567 for which the engineer’s estimate is $857,200; therefore RESOLVED: 1. That the bid of Lodestar be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the contract documents for the Project on behalf of the City. 2. That total expenditures for the Project be authorized in an amount “not-to- exceed” $985,000 which includes the costs of the construction contract, testing, engineering/inspection/administration, and contingencies. Said amount of $985,000 to be charged to the appropriate department budgets for which these repairs are needed. 3. The contract will be for a period of one year, reserving the right at the City’s option, to add additional locations and to extend the contract for two additional years at the percentage increase as listed on the bid tabulation. 4. 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. 92323 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. WHEREAS, bids were received on January 12, 2023 for the following project: Painting of Interior Stairwell at City Hall  FEBRUARY 7, 2023 CITY COMMISSION 8 (hereinafter referred to as the “Project”) and Dave Cole Decorators, Inc. (Dave Cole) submitted a bid of $74,470 for which the engineer’s estimate, prepared by Integrated Architecture Corporation (IA) and City Engineering, is $150,000; therefore RESOLVED: 1. That the bid of Dave Cole be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the contract documents for the Project on behalf of the City. 2. That total expenditures for the Project be authorized in an amount not to exceed $116,000 which includes the costs of the construction contract, previously authorized design phase services by IA, construction phase services including inspection by IA, inspection/administration, and contingencies. Said amount of $116,000 to be charged to the applicable Facilities Management Fund Codes. 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. 92324 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. WHEREAS: 1. The City Commission previously approved the Brownfield Plan (the "Plan") of the City of Grand Rapids Brownfield Redevelopment Authority (the "Authority") 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 2. The Authority has pursuant to Act 381 approved and recommended a revised amendment of the Plan for the Talbot Quimby, LLC Redevelopment Project (the "Project") identified therein (the "Amendment"); and 3. Before considering approval of the Amendment the City Commission must hold a public hearing in accordance with Act 381; therefore RESOLVED: 1. That a public hearing be held to consider the Amendment to the Plan of the Authority; and 2. That the public hearing be held on Tuesday, February 21, 2023, at 7:00 p.m., in the City Commission Chambers on the 9th Floor of the City Hall, 300 Monroe Avenue, N.W., in the City; and  9 CITY COMMISSION FEBRUARY 7, 2023 3. That the City Clerk give or cause to be given public notice of the hearing in accordance with Act 381; and 4. That, in accordance with the provisions of Act 381, the City Clerk give or cause to be given notice of the public hearing to each of the taxing jurisdictions that levy taxes on property included in the Project subject to capture under Act 381; and 5. That a copy of the Amendment be held in the Economic Development Office of the City located on the 9th Floor of City Hall, 300 Monroe Avenue, N.W., in the City for public examination and inspection; and 6. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. E. COMMITTEE OF THE WHOLE 92325 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. 1. Special events are classified into three major categories: City-Sponsored Events, City Co-Sponsored Community Events, and Non-Sponsored Permitted Commercial Events; and 2. City-Sponsored Events include patriotic, state, and nationally observed holidays that provide an opportunity for residents to observe and celebrate locally; and 3. On December 3, 2003, Michigan Governor Jennifer Granholm signed legislation establishing March 31st as César E. Chávez Day in Michigan commemorating the birthday of the late civil rights and labor leader; and 4. The César E. Chávez Social Justice March event is an annual community celebration committed to equity, equality, inclusion, and preserving history and culture by the intentional action of connecting the present with past generations to continue to push forward the struggle for justice; and 5. Through the act of providing City Sponsorship for the César E. Chávez Social Justice March will help sustain the legacy and teachings of Mr. Chávez’s values and principles of non-violence for generations to come; and 6. The City of Grand Rapids has taken the necessary step of renaming a portion of Grandville Avenue from Wealthy Street to Franklin Street to César E. Chávez Way; and 7. The City of Grand Rapids has recognized the César E. Chávez Social Justice March by way of a City Proclamation and recommends endorsement of the César E. Chávez Social Justice March as a City- Sponsored Event; therefore  FEBRUARY 7, 2023 CITY COMMISSION 10 RESOLVED: That the attached amended City Commission Policy 1100-05 (Attachment A) recognizing the César E. Chávez Social Justice March as a City-Sponsored Event is hereby adopted by the City Commission, effective immediately. 92326 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. RESOLVED: 1. That a public hearing be held on February 21, 2023, at 7:00 p.m. to obtain public comment on proposed changes to the Chapter 140, Title VIII of the Grand Rapids City Code, entitled “Property Maintenance Code.” 2. That the attached Ordinance amending Sections 8.501, 8.502, 8.503, and 8.504 of Chapter 140, Title VIII of the Grand Rapids City Code, entitled “Property Maintenance Code,” be published as part of the Proceedings. 3. As authorized by Article V, Section 10(b) of the City Charter, the attached summary of the proposed Ordinance be published in the official newspaper of record in lieu of publishing the full text thereof. 92327 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. WHEREAS: 1. Amendments have been prepared to the City Code that will bring the City into compliance with current federal requirements necessary to maintain its participation in the National Flood Insurance Program (NFIP); and 2. Participation in the NFIP is necessary to continue to receive certain federal financial assistance, including disaster relief and federal mortgage insurance, and for floodplain insurance to be available within the City; and 3. Among these changes is an update to Section 5.8.05 of the Zoning Ordinance, which governs the City’s Floodplain Overlay District (OD-FP); and 4. The Planning Commission recommended approval of the text amendments after holding a public hearing on January 26, 2023, at which time all interested persons had an opportunity to be heard; therefore RESOLVED: 1. That the attached ordinance amending Section 5.8.05. Floodplain Overlay District (OP-FP) of Chapter 61, Title V of the Code of the City of Grand Rapids entitled “Zoning Ordinance” be published as a part of the proceedings; and  11 CITY COMMISSION FEBRUARY 7, 2023 2. That pursuant to Title V, Section 10(b) [Compiler’s Paragraph 60(b)] of the City Charter, the City Clerk shall publish the attached summary of the ordinance in a newspaper of general circulation in the City; and 3. That the proposed amendment be considered for adoption by the City Commission at its meeting on February 21, 2023. SUMMARY OF ORDINANCE AMENDING SECTION 5.8.05. FLOODPLAIN OVERLAY DISTRICT (OD-FP) OF CHAPTER 61, TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED, “ZONING ORDINANCE” The City of Grand Rapids is requesting consideration of amendments to Zoning Ordinance Section 5.8.05. Floodplain Overlay District (OD-FP). Amendments have been prepared to the City Code that will bring the City into compliance with current federal requirements necessary to maintain its participation in the National Flood Insurance Program (NFIP). Participation in the NFIP is necessary to continue to receive certain federal financial assistance, including disaster relief and Federal mortgage insurance, and for floodplain insurance to be available within the City. Among these changes is an update to Section 5.8.05 of the Zoning Ordinance, which governs the City’s Floodplain Overlay District (OD-FP). The proposed zoning text includes the following changes: • Removing references to outdated studies and maps • Adding delineating references for the OD-FP to the current updated Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRM) panel numbers • Updating and clarifying definitions, terms, and references to be consistent with current state and federal law. The proposed Zoning Ordinance text amendments are available at the City’s website at https://tinyurl.com/floodplainregs or examined by contacting the Planning Department at (616)456-4100 or planning@grcity.us during business hours. ORDINANCE AMENDING SECTION 5.8.05. FLOODPLAIN OVERLAY DISTRICT (OD-FP) OF CHAPTER 61, TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED, “ZONING ORDINANCE” ORDINANCE NO. 2023 - __ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Title V, Chapter 61, Section 5.8.05. Floodplain Overlay District (OD-FP) of the Code of the City of Grand Rapids be amended in its entirety to read as follows: “Section 5.8.05. Floodplain Overlay District (OD-FP). FEBRUARY 7, 2023 CITY COMMISSION 12 A. Delineation of Floodplain Overlay District. 1. Purpose. It is the purpose of this Article to protect the general public and all lands in the city subject to flood losses by restricting or prohibiting uses which are dangerous to health, safety, and property in times of flood or which cause excessive increases in flood flow levels or velocities. 2. Public Hazards. Periodic inundation of certain portions of the city produce flood hazards which result in loss of life and property; health and safety dangers; disruption of commerce and governmental services; extraordinary public expenditures for flood protection and relief; and impairment of the tax base, all of which adversely affect the public health, safety and general welfare of the city. These flood losses are caused by: a. The cumulative effect of obstructions in floodplains causing increased flood flow height and velocity; and b. The occupancy of flood prone areas by uses vulnerable to floods or hazardous to other uses inadequately elevated or otherwise protected from flood damages. 3. Applicability. This Article shall apply to all lands within the city shown as a regulatory floodway on the “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. The provisions and restrictions of this Article shall be considered to apply in addition to, and where applicable instead of, the provisions of Zone Districts. 4. Flood Areas. Uses and regulations otherwise applicable in existing Zone Districts shall not be allowed unless also permitted in, and developed in accordance with, the provisions of the OD-FP. B. Definitions. 1. Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. 2. Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of water bodies, the unusual and rapid accumulation or runoff of surface waters from any source, or mudslides proximately caused by flooding and akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. Flood or flooding may also mean the collapse or subsidence of land 13 CITY COMMISSION FEBRUARY 7, 2023 along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. 3. Flood Insurance Rate Map (FIRM). An official map of the city on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the city. 4. Regulatory Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. 5. Special Flood Hazard Area (SFHA). An area having special flood, mudflow, or flood-related erosion hazards and shown on a FIRM as Zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V. The SFHA is the area where the National Flood Insurance Program's floodplain management regulations must be enforced. C. Land Uses. Uses are allowed in the OD-FP in accordance with Table 5.8.05.C. Uses in the Floodplain Overlay District. The following key is to be used in conjunction with the Use Table. 1. Permitted Uses. Uses permitted by right in the OD-FP, subject to compliance with all other applicable requirements of this Chapter. These uses have a low flood damage potential because of their open space nature and shall be allowed to the extent they are Permitted Uses in the base Zone District, are in compliance with construction requirements of Chapter 32 of the City Code, and have obtained any necessary state and federal permits. These uses are identified with a "P." 2. Special Land Uses. Uses which may be allowed subject to the review and approval by the Planning Commission in accordance with Section 5.12.09. and all other applicable requirements of this Chapter. The Special Land Use shall be included in Table 5.8.05.C. or Special Land Use in the base Zone District, comply with construction requirements of Chapter 32 of the City Code, and obtain any necessary state and federal permits. These uses are identified with an "S."  FEBRUARY 7, 2023 CITY COMMISSION 14 3. Uses Not Allowed. Certain uses are prohibited within the OD-FP. A cell marked with an "X" indicates that the listed use is not allowed in the OD-FP. 4. Unlisted Uses. Uses not listed in the Table 5.8.05.C. are also prohibited unless the Director determines that the use is similar to other uses listed either as a Permitted Use or Special Land Use in accordance with Section 5.4.04. 5. Use Regulations. Many allowed uses, whether a Permitted Use or a Special Land Use in the OD-FP, are subject to compliance with Article 9 or other provisions of this Chapter. These uses are identified in the Table 5.8.05.C. under "Use or Other Regulations." A cell marked with a dash "—" under this heading indicates that there are no additional use requirements in Article 9.” Table 5.8.05.C. Uses in the Floodplain Overlay District Use Category Specific Use Approval Use or Other Regulations Accessory Structures Accessory Accessory uses or structures to P 5.2.08. Structures any of the permitted uses outlined in this Section which would not result in any increase in the flood hazard height within the city during a 100-year flood. Enlargement of an existing S 5.2.08. accessory use or structure after the effective date of this Chapter to more than 25% of its gross floor area. Residential Residential Any structure intended for human X — occupancy. Residential support uses such as P — lawns, gardens, parking areas and play areas. Educational, Government And Institutional Government Outdoor recreational fields, P 5.9.23. and community gardens, outdoor Institutional amphitheaters. Commercial, Industrial, Transportation and Utilities Entertainment Campgrounds S — and Drive-In theaters, race tracks S —  15 CITY COMMISSION FEBRUARY 7, 2023 Recreation Entertainment or recreational uses P — not requiring permanent structures, such as parks, swimming areas, golf courses, driving ranges, hunting, fishing and hiking areas. Transient amusement such as S — circuses, carnivals and fairs. Commercial, Industrial-commercial uses such P — Industrial and as loading areas, open parking Transportation areas, airport landing strip, and storage yards for equipment or machinery easily moved or not subject to flood damage. Kennels, stables. S — Landfill, dump or junkyard. X — Mineral extraction. S 5.9.21. Roadside stands. S — Storage yards for heavy S — equipment, materials or machinery. Storage or processing of X — materials, which in time of flooding become buoyant, flammable, explosive or otherwise injurious to public health. Utilities On-site sewage disposal system. X — Railroads, streets and other rights- P — of-way. Utility facilities such as dams, P — power plants, transmission lines, pipelines and water monitoring devices. Agricultural/Natural Resources Agricultural, Open agricultural uses such as P — Natural general farming, grazing, pasture, Resources outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting. Navigational and drainage aids P — such as channels, channel markers, buoys and other such devices.  FEBRUARY 7, 2023 CITY COMMISSION 16 Other water related uses such as: P — docks, piers, wharves, bridges, culverts and river crossings of transmission lines, subject to review and permit requirements under Chapters 32 and 67 of the City Codes. Other Other Any encroachment that would X — cause any increase in the base flood level. P = Permitted; S = Special Land Use; X = Not Permitted; — = Not Applicable. D. General Site Layout and Building Placement Requirements for All Uses. 1. Structures shall be constructed and arranged on the building site to minimize obstruction to the flow of floodwaters. a. Structures shall be constructed with the longest element arranged parallel to the direction of the flood flow. b. Structures shall be placed approximately on the same flood flow lines as adjacent structures. 2. Any excavation, fill extraction, grading, or scraping shall require a soil erosion review and permit requirements under Chapters 32 and 67 of the City Code. E. Special Land Use Applications. 1. Additional Site Plan Requirements. In addition to the requirements of Section 5.12.08, site plans shall include the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, and the relationship of the above to the location of the regulatory floodway and regulatory flood protection level, and location and elevations of streets; photographs or maps showing existing land uses and vegetation upstream and downstream soil types; and other pertinent information which may be required by the Planning Commission. 2. Review Standards. The following standards shall apply in addition to the standards for Special Land Uses of Section 5.12.09. a. No structure, fill, excavation, or storage shall be permitted which, acting alone or in combination with existing or future uses, significantly and unduly affects the capacity of the regulatory floodway and thereby increases the level of the floodwaters. 17 CITY COMMISSION FEBRUARY 7, 2023 b. Filling in the regulatory floodway may be permitted only after full compliance has been achieved, to the satisfaction of the City's Environmental Services Department (ESD), with the applicable provisions of Act 451 of the Michigan Public Acts of 1994, as amended, and all other applicable federal, state and local acts, regulations, codes, and ordinances, including but not limited to the flood plain management criteria for flood- prone areas set forth in 44 CFR 60.3, as amended. Fill shall be protected from erosion by rip-rap, vegetative cover, bulkheading or other approved means. c. Prior to any alteration or relocation of a water body, notification shall be given to adjacent communities and the Michigan Department of Environment, Great Lakes, and Energy and evidence of that notification submitted to FEMA. The City Engineer or City ESD shall require proper maintenance be provided within the altered or relocated watercourse so that the flood carrying capacity is not diminished. 3. In reviewing an application, the Planning Commission shall consider the following points before rendering a decision. a. Any possible danger to life and property due to increased flood levels or velocities caused by encroachments on the floodplain. b. The danger that materials may be swept onto other lands or downstream to the injury of others. c. The susceptibility of the proposed development and its contents to flood damage and the effect of such damage on the individual owner. d. The importance of the services provided by the development to the city. e. The requirement of the proposed development for a waterfront location. f. The availability of alternative locations for the proposed use which are not subject to flooding. g. The compatibility of the proposed use with existing development and development anticipated in the future. h. The relationship of the proposed use to the Master Plan and floodplain management program for the area. i. Safe access to the property in times of flood for ordinary and emergency vehicles. j. The expected levels, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. k. The location, elevation and construction of all public facilities for sewer, gas, electrical, and water systems, designed relative to minimize or eliminate flood damage.  FEBRUARY 7, 2023 CITY COMMISSION 18 l. The measures taken to ensure adequate drainage to reduce exposure to flood hazards. m. Other factors which are, in the opinion of the Planning Commission, relevant to the purposes of this District. 4. Where, in the opinion of the Planning Commission, topographic data, engineering studies, or other studies are needed to determine the effects of flooding on a proposed use and/or the effects of the use on the regulatory floodway, the Planning Commission may require the applicant to submit this data and/or studies prepared by competent engineers. 5. Conditions of Approval. Upon reviewing all data and materials, and before granting approval, the Planning Commission may attach conditions to the granting of approvals, which may include but not be limited to the following. a. Limitations on period of use, operation, and operational controls. b. Submission of performance guarantees, deed restrictions, and covenants. c. Requirements for construction of channel modifications, dikes, levees, and other protective measures. F. Disclaimer of Liability. The degree of flood protection required by this Article is considered the minimum necessary and reasonable for regulatory purposes. Larger floods may occur at any time, and excessive flood water levels may be experienced due to manmade and natural causes, such as ice jams and accumulated debris in bridge openings. This Article does not imply that areas outside the OD-FP, or uses permitted within such areas, will remain free from flooding or flood damages. This Article shall not create a liability on the part of the City or any officer or employee thereof for any flood damage that results from compliance with or reliance upon this Article or any administrative decision lawfully made under the provisions of this Chapter.” Section 2. That this ordinance shall be effective February 22, 2023. ORDINANCES 92328 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight AN ORDINANCE AMENDING SECTION 4.2 OF SALARY ORDINANCE 2022-33 ORDINANCE NO. 2023 - 05 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:  19 CITY COMMISSION FEBRUARY 7, 2023 Section 1. That Section 4.2 of Salary Ordinance 2022-33, be amended to read as follows: “Section 4.2. Managerial and Supervisory Professional Group: 101 FMS Subject Matter Expert 01SME 102 Financial Systems Analyst 13 110 Accounts Payable Supervisor 12 114 Payroll Supervisor 12 115 Financial Systems Administrator 17 117 Deputy City Treasurer 18 118 Records Manager 15 127 Performance & Management Reporting Specialist 14 141 Partnerships and Development Coordinator 10 148 Deputy City Clerk 17 234 Social Worker 14 329 Special Events Supervisor 13 336 Parks Maintenance Supervisor 11 337 Materials Resource Planning Supervisor 10 338 Utility Maintenance Supervisor 12 339 Cemetery Supervisor 11 341 Parking Meter Operations Supervisor 14 342 Parking Facility Supervisor 14 344 Parking Operations Superintendent 16 345 Parking Services Shift Supervisor 10 346 Inventory and Asset Manager 15 348 Wastewater Operations and Maintenance Supervisor 14 349 Wastewater/Stormwater Maintenance Superintendent 17 350 Collection System Asset Supervisor 14 351 Wastewater Plant Supervisor 17 352 Wastewater Technical Control Supervisor 14 353 Utility Supervisor 14 354 Traffic System Engineer 16 355 Utilities Field Operations Supervisor 14 357 Building Maintenance Supervisor I 9 358 Building Maintenance Supervisor II 11 359 Facilities Maintenance Superintendent 17 360 Facilities Maintenance Supervisor 14 362 Water Distribution Shift Supervisor 10 363 Forester 13 364 Forestry Supervisor 13 365 Signal & Lighting Supervisor 14 367 Signal & Lighting Superintendent 17 368 Utilities Field Operations Superintendent 17 370 Streets & Sanitation Supervisor 12 371 Public Services Supervisor 13  FEBRUARY 7, 2023 CITY COMMISSION 20 375 Equipment Maintenance Supervisor 12 376 Equipment Maintenance Superintendent 17 381 Public Services Manager 18 453 Fleet Equipment Manager 12 497 Wastewater Plant Shift Supervisor 10 498 Wastewater Lab Superintendent 14 515 Sign Shop Supervisor 09 518 Sign Supervisor 10 528 Housing Inspections Administrator 16 529 Code Compliance Administrator 18 530 Housing Inspections Supervisor 13 532 Code Compliance Supervisor 14 533 Development Center Administrator 16 534 Assistant Code Compliance Director 20 549 Assistant Mobile GR Director 20 551 City Transportation Engineer 18 552 Transportation Planning Supervisor 13 556 Debt and Authority Finance Officer 17 557 Equal Opportunity Officer 14 558 Information Systems Coordinator 15 559 GIS Manager 18 560 311 Customer Service Manager 18 561 Assistant Information Technology Director 20 562 Network and Operations Administrator 18 565 CRM Systems Administrator 16 571 Customer Service Community Liaison 11 594 Income Tax Compliance Supervisor 14 595 Income Tax Operations Supervisor 14 598 Financial Analyst II 15 600 Administrative Services Officer I 16 601 Community Services Administrator 13 606 Accountant II 12 607 Financial Analyst 12 609 Income Tax Examination Supervisor 14 611 Internal Auditor II 14 614 Information Technology Manager 18 615 Assistant City Assessor 17 620 Senior Buyer 15 621 Administrative Analyst I – Accounting 11 626 Administrative Services Officer II 18 631 Deputy City Assessor 18 633 Utility Financial Officer 18 635 Contract Compliance Officer 12 638 Communications Manager 18 639 Customer Service Administrator 16 640 Housing Development Officer 18  21 CITY COMMISSION FEBRUARY 7, 2023 641 Administrative Analyst II 16 642 Administrator – Office Children Youth Families 16 646 Senior Human Resources Analyst 14 647 Senior Electrical Engineer 15 650 Project Engineer 15 651 Senior Project Engineer 17 653 Building Inspections Supervisor 13 656 Utilities System Manager 20 660 Wastewater Plant Superintendent 18 663 Water Filtration Plant Superintendent 18 664 Hydraulic Engineer 17 666 Building Inspections Administrator 16 672 Facilities Project Engineer Coordinator 18 676 Environmental Assessment Supervisor 17 677 Athletic Supervisor 10 687 Golf Course Manager 10 688 Recreation Supervisor 13 689 Marketing and Program Specialist 10 701 Recreation Program Technical Supervisor 07 705 Planning Supervisor 13 712 Recreation Center Supervisor 10 714 Parks Superintendent 18 715 Recreation Superintendent 18 716 Recreation Services Specialist 16 721 Assistant Building Official 15 722 Housing Rehab Supervisor 14 723 Community Development Officer 14 725 Building Official 18 728 Assistant Community Development Director 20 729 Assistant Economic Development Director 20 732 Business Advocate 18 733 Real Property Manager 16 735 Economic Development Coordinator II 17 738 Minority Business Enterprise Advocate 18 740 Telecommunications Administrator 17 824 Emergency Management Specialist 11 840 Forensic Services Manager 14 910 Business Manager 13 911 Construction Inspection Supervisor 13 915 Assistant Project Manager 15 916 Engineering Design Services Supervisor 13 917 Project Manager 18” Section 2. That all Ordinances in conflict herewith are repealed.  FEBRUARY 7, 2023 CITY COMMISSION 22 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect. DOCUMENTS FILED 92329 Result: Received and Filed. Document received from Scott Atchison regarding a Downtown Information Center. 92330 Result: Received and Filed. Document submitted from Deck Andrejczak regarding proposed changes to the property maintenance code. ADJOURNMENT Commission adjourned at 3:22 PM JOEL H. HONDORP City Clerk