City Commission - Regular Session

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, February 21, 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. Drew Robbins, the reading of the minutes of the Regular Session of February 7, 2023 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92331 Result: Received and Filed. Communication received from Jimmy Arizola regarding the Landlord Tenant Association and Section 8. 92332 Result: Received and Filed. Communication received from Scott Atchison expressing support for a golf driving range at Highland Park. 92333 Result: Referred to Committee on Appointments. Communication from Kristian Grant regarding their resignation from the SmartZone Local Redevelopment Authority. 92334 Result: Referred to Committee on Appointments. Communication from Micah Perkins regarding their resignation from the Economic Development Corporation and Brownfield Redevelopment Authority. 92335 Result: Received and Filed. Communication received from Kevin Wright expressing opposition for the proposed addition of lead paint testing to the property maintenance code. 1  FEBRUARY 21, 2023 CITY COMMISSION 2 92336 Result: Received and Filed. Communication received from McShane & Bowie requesting an independent parking study prior to a decision being made on the proposed development at 2160 Celebration Drive NE. 92337 Result: Received and Filed. Communication received from Annette Vandenberg and Chi Benedict, West Grand Neighborhood Organization, with suggested language for the property maintenance code. REPORTS OF CITY OFFICERS 92338 Result: Received and Filed. Treasurer’s report for the period of January 21, 2023 through February 7, 2023. 92339 Result: Received and Filed. Comptroller’s report for the period of January 25, 2023 through February 07, 2023 in the amount of $21,086,286.35. CONSENT AGENDA A. CONSENT AGENDA APPROVAL 92340 Result: Adopted. Mover: O’Connor. Supporter: Moody. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 92341 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that the City Commission’s appointment of Kate Berens to the Grand Rapids Building Authority for the remainder of a six-year term ending July 1, 2024, be approved. 92342 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that the City Commission’s appointment of Erin Chapman-Lewis to the Historic Preservation Commission for the remainder of a three-year term ending January 5, 2026, be approved. 92343 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that the City Commission’s appointment of Marlin Feyen to the Public Safety Committee for the remainder of a one-year term ending December 31, 2023, be approved.  3 CITY COMMISSION FEBRUARY 21, 2023 92344 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that Mayor Bliss’ appointment of Jeffrey King to the Michigan Street Corridor Improvement Authority for the remainder of a four- year term ending December 31, 2025, be confirmed. 92345 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that the City Commission’s appointment of Benjamin Malloy to the Public Safety Committee for the remainder of a one-year term ending December 31, 2023, be approved. 92346 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that Mayor Bliss’ appointment of George Skentzos to the Downtown Improvement District Board for the remainder of a three-year term ending December 31, 2026, be confirmed. 92347 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That that the appointments of Andrew Johnston and William Wood to the Vital Streets Oversight Commission for the remainder of three-year-terms ending January 1, 2024, be approved; and 2. That the appointments of Lynee Wells, Mark Miller, and Erick Kind to the Vital Streets Oversight Commission for the remainder of three-year terms ending January 6, 2025, be approved; and 3. That the appointments of Laurel Joseph, Maxwell Dillivan, James Maioho, Tammy Helminski, and John Gelderloos to the Vital Streets Oversight Commission for the remainder of three-year terms ending January 5, 2026 be approved. C. FISCAL COMMITTEE 92348 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That an agreement between the City and The Salvation Army for the Eviction Prevention Program in an amount not to exceed One Hundred Fifty-Six Thousand Six Hundred Eighty-Nine Dollars ($156,689) is hereby approved; and  FEBRUARY 21, 2023 CITY COMMISSION 4 2. The agreement period shall be from March 1, 2023, through February 29, 2024; and 3. That upon approval as to form by the City Attorney, the Mayor is authorized to execute said agreement, related documents and necessary modifications and extensions of time. 92349 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. Stormwater catch basin and manhole lining has been determined to be a cost-effective way to extend the life of structures and the streets they are located in; and 2. Capital funding has been budgeted for stormwater catch basin and manhole lining beginning with FY2023 and continuing for the next five years; and 3. Funding to support the FY2024 investment can be provided by transferring previously approved budget amounts of $199,847.83 from Capital Improvement Fund (Stormwater) Project accounts; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $199,847.83 for the FY2024 stormwater catch basin and manhole lining capital project be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 92350 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. Uptown Village Limited Dividend Housing and The Avenue Apartments Limited Dividend Housing have 2022 Summer Real Property Taxes assessed under parcel numbers 41-18-06-203-001, 41-14-32-108-001, and 41-14-32-102-036; and 2. Uptown Village Limited Dividend Housing and The Avenue Apartments Limited Dividend Housing did not renew the PILOT certificates timely for each of the parcels; and 3. Uptown Village Limited Dividend Housing and The Avenue Apartments Limited Dividend Housing appealed the 2022 tax assessments to the Michigan Tax Tribunal and have agreed to a Stipulation For Entry Of Consent Judgment (Valuation) with the City to resolve the appeal; and 4. Each parcel listed has been accruing penalties since August 1, 2022; and  5 CITY COMMISSION FEBRUARY 21, 2023 5. Uptown Village Limited Dividend Housing and The Avenue Apartments Limited Dividend Housing have inquired about possible relief as this places a financial burden on their projects; and 6. The recommendation from the City Treasurer is for approval to waive the 2022 Summer Property Tax penalties assessed; therefore RESOLVED that, pursuant to City Code Section 1.377, the City Commission hereby agrees to waive the $3,644.66 in penalties for real property taxes assessed to Uptown Village Limited Dividend Housing and The Avenue Apartments Limited Dividend Housing for real property tax accounts 41-18-06-203-001, 41-14-32-108-001, and 41-14-32-102-036. 92351 Result: Adopted. Mover: O’Connor. Supporter: Moody. 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. Action Target Materials and services for upgrades to the existing practice target range for the Police Department from Action Target for the amount of $152,295.00. Due to the nature of the services to be provided during the upgrade, an additional 10% contingency amount of $15,300.00 is also requested for any additional unforeseen circumstances or additional services that may arise performing services; if needed, the contingent amount would be applied as applicable, which would increase the total “not-to-exceed” amount to $167,595.00. 2. Cordes, Inc. One-year term contract with two, one-year renewal options for the loading, transportation, and disposal of street sweepings for the Public Works Department from Cordes, Inc. for an annual “not-to-exceed” amount of $85,000.00; the estimated three-year total amount is $255,000.00. 3. The Goodyear Tire & Rubber Company RHD, Inc. JAMADMIN, Inc Pomp’s Tire Service Jerry’s Tire A cooperative purchase through the State of Michigan MiDEAL contract #19000000369 is recommended for a one-year term contract with two, one-year renewal options for the purchase and delivery of new, various size and model of Goodyear tires for the Fleet Management Department as follows:  FEBRUARY 21, 2023 CITY COMMISSION 6 Vendor Annual Amount The Goodyear Tire & Rubber Co. $ 70,000.00 RHD, Inc. $ 20,000.00 JAMADMIN, Inc. $120,000.00 (dba Best One Fleet Service) Pomp’s Tire Service Inc. $ 20,000.00 Jerry’s Tire $ 20,000.00 The total annual “not-to-exceed” annual amount requested for all contracts is $250,000.00; the estimated three-year total annual “not-to-exceed” amount is $750,000.00. 4. Superior Groundcover Inc. SiteOne Landscape Supply One-year term contracts with two, one-year renewal options for the “as- needed” purchase and delivery of various playground mulch, shredded bark, grass seed, and turface for the Parks & Recreation Department from Superior Groundcover Inc. for items #1-4 for an annual “not-to-exceed” amount of $55,000.00 (estimated three-year total amount of $165,000.00); and from SiteOne Landscape Supply for items #5-12 for an annual “not-to- exceed” amount of $10,000.00 (estimated three-year total amount of $30,000.00). 5. Bazen Electric Hilliard Electric One-year term contract with two, one-year renewal options for “as-needed” various general electrical services on an “as-needed” basis for Citywide use for the total annual “not-to-exceed” amount of $300,000.00 as follows: Vendor Annual Bazen Electric Company $150,000.00 Hillard Electric, Inc. $150,000.00 The estimated three-year total amount is $900,000.00 6. Granicus, Inc. One-year term contract with two, one-year renewal options for continued OpenCities SaaS services (including hosting and support) for the 311 Department from Granicus Inc. for the annual “not-to-exceed” amounts as follows: 01/09/2023 - 01/08/2024 $56,025.20 01/09/2024 - 01/08/2025 $59,946.96 01/09/2025 - 01/08/2026 $64,143.25 The estimated three-year total amount is $180,115.41. FURTHER RESOLVED that the Purchasing Agent be authorized to  7 CITY COMMISSION FEBRUARY 21, 2023 proceed with awards to the following vendors: 7. Utility Supply and Construction Purchase of sixteen (16) Holophane decorative utility poles, bases, and roadway arms for the Energy, Lighting, and Communications Division poles from Utility Supply and Construction (dba Powerline Supply) for the total amount of $60,072.64. Due to current market volatility from the manufacturers for these items, an additional 10% contingency amount of $6,000.00 is also requested in the event of unit cost increases related to the supply chain; if needed, the contingent amount would be applied as applicable, which would increase the total “not-to-exceed” amount to $66,072.64. 8. Stuart Irby Company Utility Supply and Construction Purchase of various size transformers for the Energy, Lighting, and Communications Division poles from Utility Supply and Construction (dba Powerline Supply) for items 1-4, 7-8 for the total amount of $65,038.43; and from Stuart Irby Company (dba Irby Utilities) for items 5, 6 for the total amount of $14,404.00. Due to current market volatility from the manufacturers for these items, an additional 10% contingency amount of $7,000.00 is also requested in the event of unit cost increases related to the supply chain; if needed, the contingent amount would be applied as applicable to each vendor, which would increase the total “not-to-exceed” amount to $86,442.43. 9. SSI Aeration Purchase and installation of Original Equipment Manufacturer (O.E.M.) SSI membrane diffusers for the South Aeration tank system at the Water Resource Recovery Facility (WRRF) from SSI Aeration for the amount of $254,318.00. D. COMMUNITY DEVELOPMENT COMMITTEE 92352 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, the City of Grand Rapids and the Michigan Department of Transportation (MDOT) entered into Contract 22-5420 in associated with a Congestion Mitigation and Air Quality grant in the amount of $528,000 and total project cost of $660,000 to support the operations and maintenance of the system; and WHEREAS, the Michigan Department of Transportation has requested an amendment to the agreement to include reference to Federal Highway Administration Form 1273; and  FEBRUARY 21, 2023 CITY COMMISSION 8 WHEREAS, the inclusion of Federal Highway Administration Form 1273 does not change the financial amounts approved by the Commission on October 24, 2022; therefore RESOLVED: 1. That the amendment to Contract 22-5420 between the City of Grand Rapids and the Michigan Department of Transportation in connection with the aforesaid project be approved; and 2. That the Mayor is authorized to execute the aforesaid agreement on behalf of the City of Grand Rapids, after approval as to form by the City Attorney. 92353 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That a public hearing be held on Tuesday, March 28, 2023, to obtain public comment on the effect of activities on the character of historic properties implemented with funds from the U.S. Department of Housing and Urban Development, including the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grants, Lead Hazard Control Program, and the Lead Hazard Reduction Demonstration Program; and 2. That the Programmatic Agreements between the Michigan State Historic Preservation Officer and the City of Grand Rapids be available for review from March 14, 2023, through April 14, 2023, at www.grcd.info; and 3. That the City Clerk is directed to publish notice of said public hearing. 92354 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That a public hearing be held on March 28, 2023, at 7:00 p.m. to obtain comment on the: 1) draft FY 2024 Housing and Community Development Annual Action Plan, including funding recommendations for the FFY 2023 Community Development Block Grant, FFY 2023 HOME Investment Partnerships, FFY 2023 Emergency Solutions Grants, and the FFY 2022 Justice Assistance Grant programs, and 2) funding recommendations for HOME Investment Partnerships – American Rescue Plan projects; and  9 CITY COMMISSION FEBRUARY 21, 2023 2. That the draft FY 2024 Annual Action Plan and funding recommendations for HOME Investment Partnerships – American Rescue Plan projects be available for review from March 14, 2023 through April 14, 2023 at www.grcd.info; and 3. That the City Clerk is directed to publish notice of said public hearing. 92355 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the application of Dover Pumps & Solutions Segment, Inc. dba Blackmer for an amendment to Industrial Facilities Exemption Certificate #2021-029 for the installation of property to be located at 1809 Century Avenue SW, pursuant to PA 198 of 1974, shall remain on file for inspection by the public in the Economic Development Department; and 2. That, to consider the request of Dover Pumps & Solutions Segment, Inc. dba Blackmer for an amendment to Industrial Facilities Exemption Certificate #2021-029 pursuant to PA 198 of 1974, a public hearing be scheduled for Tuesday, March 14, 2023, at 2:00 p.m. in the City Commission Chambers on the 9th Floor of the City Hall, 300 Monroe Avenue NW, Grand Rapids, MI 49503, at which time and place the City Commission shall afford the applicant, the City Assessor, and a representative of each of the taxing units an opportunity to be heard on the question of approving an Industrial Facilities Exemption Certificate amendment for Dover Pumps & Solutions Segment, Inc. dba Blackmer to be applied to property at 1809 Century Avenue SW; and 3. That the City Clerk shall notify in writing the City Assessor and the legislative body of each taxing unit which levies ad valorem property taxes in the City of the receipt of the application and also the date, time, and location at which the City Commission shall afford the applicant, the Assessor, and a representative of each affected taxing unit an opportunity for a hearing. 92356 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. On February 25, 2014, the City Commission approved an Obsolete Property Rehabilitation Exemption application (via Proceeding No. 83226) as filed by Lofts on 820, LLC; and 2. Since the approval of Obsolete Property Rehabilitation Certificate #3-14-0010 by the State Tax Commission on October 13, 2014, the project at 820 Monroe Avenue NW (the “Property”) was completed; and  FEBRUARY 21, 2023 CITY COMMISSION 10 3. The Property has been sold to 820 Lofts, LLC and 820 Lofts GR, LLC; therefore RESOLVED: 1. That the transfer of Obsolete Property Rehabilitation Exemption Certificate #3-14-0010 from Lofts on 820, LLC to 820 Lofts, LLC and 820 Lofts GR, LLC is approved; and 2. That the Economic Development Department shall provide notice of the assignment to the State Tax Commission. 92357 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. The City Commission established a Planned Redevelopment District for the construction of the Celebration Village Planned Redevelopment District on June 14, 1999 (Ordinance No. 99-36); and 2. A Major Amendment to the Planned Redevelopment District is requested to facilitate the construction of a five-story mixed-use building consisting of ground floor commercial, covered parking, and 232-250 dwelling units; and 3. The Planning Commission considered the amendment at a public hearing held on January 26, 2023, and unanimously recommended approval of the request; therefore RESOLVED: 1. That in accordance with Title V, Section 10(b) [Compiler’s Paragraph 60(b)] of the Charter of the City of Grand Rapids, that the attached Summary of the Ordinance be published in the official City Commission Proceedings and in a newspaper of general circulation in the City, in lieu of publishing the full text of the Ordinance, and 2. That the attached ordinance amending Map 8 of Chapter 61 of Title V of the Code of the City of Grand Rapids shall be considered for adoption by the City Commission at its meeting of March 14, 2023. SUMMARY OF ORDINANCE 2023 – AN ORDINANCE TO AMEND MAP 8 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED ZONING  11 CITY COMMISSION FEBRUARY 21, 2023 ORDINANCE The City of Grand Rapids is considering a Major Amendment to the Celebration Planned Redevelopment District, Map 8 of Chapter 61 of Title V of the City Code of Grand Rapids. The amendment would result in the development of the unimproved parcel at 2160 Celebration Avenue NE with a five-story mixed- use building consisting of ground floor commercial, covered parking, and 232- 250 dwelling units. The proposed Zoning Ordinance map amendment is available at the City’s website at https://tinyurl.com/2160Celebration or at the Planning Department, 3rd Floor, 1120 Monroe Avenue NE, Grand Rapids, Michigan 49503, during business hours until 4 p.m. Monday-Friday. The Planning Department may be contacted at (616)456-4100 or planning@grcity.us. AN ORDINANCE TO AMEND MAP 8 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS, THE ZONING ORDINANCE ORDINANCE NO. 2023 - ____ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Map 8 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to approve a Major Amendment to the Celebration Village SD-PRD (Special Districts–Planned Redevelopment District) to redevelop 2160 Celebration Dr NE with a five-story mixed-use building consisting of ground floor commercial, covered parking, and 232-250 dwelling units. The subject property can be described as follows: Parcel Number: 41-14-10-477-010 Property Address: 2160 CELEBRATION DR NE Description UNIT 10 * MAIN STREET SITE CONDOMINIUMS KENT COUNTY CONDOMINIUM SUBDIVISION PLAN NO.603 LIBER 6415 PAGE 99 AS AMENDED BY LIBER 6742 PAGE 1134 & AS AMENDED BY INSTRUMENT NO. 20031016-0211066 & AS AMENDED BY INSTRUMENT NO. 20080609-0053973 Section 2. As provided in Section 5.12.14.F. of the Zoning Ordinance, that the following provisions are an integral part of this Ordinance:  FEBRUARY 21, 2023 CITY COMMISSION 12 1. That the application and plans submitted by the applicant and signed, dated and stamped by the Planning Director, shall constitute the approved plans, except if plan elements do not meet ordinance requirements and/or as amended in this resolution. 2. That the use shall operate according to the application and per testimony as recorded in the Planning Commission minutes. 3. That a Land Use Development Services (LUDS) permit, building permit, and all other required permits be obtained from the City of Grand Rapids prior to construction, demolition, or operation. 4. That the site be permitted the 25 square foot ground sign specified in the original development plan, and that each tenant be permitted wall signage of 1.5 square feet per 1 linear foot of street frontage with a limit of one sign per tenant, with modifications permitted via Planned Sign Program amendment. 5. That elevations shall include additional building materials to closer align with the requirements of Table 5.7.06.E. Building Elements of Section 5.7.06. Special District-Planned Redevelopment District (SD-PRD) of the Zoning Ordinance. 6. That the south building elevation shall be modified to incorporate additional transparency, with final review and approval by the Planning Director. 7. That the applicant provide a shared parking agreement to the Planning Director prior to issuance of the LUDS permit. 8. That the proposed use will comply with all other applicable City ordinances and policies and all State laws. 92358 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, it is necessary to approve a Construction Agreement and accept a Public Utilities Easement for the construction of public water main facilities in connection with Water Main in Public Easement (NE) East Sedona Hills Court (Pvt.) and West Sedona Hills Court (Pvt.) and in Public Easement (NE) (Sedona Hills); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids, Grand Rapids Charter Township and Halland Homes, LLC (Developer) be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said Agreement on behalf of the City; and 2. That the City accept a Public Utilities Easement for the construction and maintenance of public utilities from the following property owner, with description of the aforesaid Easement and for the nominal considerations as noted, which were paid by the developer:  13 CITY COMMISSION FEBRUARY 21, 2023 Halland Homes, LLC $1.00 6757 Cascade Road SE, #233 Grand Rapids, MI 49546 3768 and 3848 Bradford Street NE, Parcel No. 41-14-23-400-055 and -007 3. That the City Clerk is hereby authorized and directed to record the aforesaid Easement with the Kent County Register of Deeds. 92359 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, bids were received on January 10, 2023 for the following project: Reconstruction of Burton Street Alley from Marshall Avenue Alley to Marshall Avenue and Marshall Avenue Alley from Merritt Street to Burton Street Alley (hereinafter referred to as the “Project”) and Wyoming Excavators Inc. (Wyoming) submitted a bid of $362,846 for which the engineer’s estimate, prepared by Fishbeck, Thompson, Carr & Huber, Inc. (Fishbeck), is $296,090; therefore RESOLVED: 1. That the bid of Wyoming 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 $564,000 which includes the costs of the construction contract, previously authorized design phase services by Fishbeck, public information program, testing, engineering/inspection/administration, and an approximate twelve percent allowance for contingencies. Said amount of $564,000 to be charged to the applicable Capital Improvement Fund (Stormwater) 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. 92360 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, bids were received on January 31, 2023 for the following project:  FEBRUARY 21, 2023 CITY COMMISSION 14 Systematic Sidewalk Repairs at Various Locations – 2023 (hereinafter referred to as the “Project”) and Wyoming Excavators, Inc. (Wyoming) submitted a bid of $1,504,277.00 for which the engineer’s estimate is $1,530,150.00; therefore RESOLVED: 1. That the bid of Wyoming 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 $1,595,000.00 which includes the costs of the construction contract, testing, and contingencies. Said amount of $1,595,000.00 to be charged to the applicable code currently defined as Code No. 2460-447-8000-8010. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. E. COMMITTEE OF THE WHOLE 92361 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED that the request from Hopcat GR LLC, d/b/a Hopcat, requesting authorization for a Temporary Outdoor Service Permit to be used for their “Irish on Ionia 10th Anniversary” event to be held on March 18, 2023, be approved. 92362 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. The City Commission approved a Brownfield Plan (the “Plan”) for the City of Grand Rapids Brownfield Redevelopment Authority (the “Authority”) on December 22, 1998, pursuant to the Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of 1996, as amended, MCL 125.2651 et seq. (“Act 381”); and 2. The Board of the Authority has recommended an amendment to the Plan for the 415 Sheldon Avenue SE redevelopment project (the “Project”) described therein (the “Amendment”); and  15 CITY COMMISSION FEBRUARY 21, 2023 3. The City Commission held a public hearing on January 24, 2023, for 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 amount of captured taxable value estimated to result from the adoption of the Amendment is reasonable; and 6. That the Amendment in the form presented is approved; and 7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. 92363 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. Designation of the 415 Sheldon Avenue Neighborhood Enterprise Zone is in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended; and 2. The City Commission on January 30, 2018 approved Resolution No. 87390 and adopted an amended City Commission Policy No. 900-45 for Neighborhood Enterprise Zones, which contains a statement of the City’s goals, objectives and requirements to designate an eligible area; and 3. The City Commission on November 12, 2013 approved Resolution No. 82916 and adopted an Ordinance to amend Chapter 69 of Title V of the City Code entitled, Neighborhood Enterprise Zones (NEZ); and 4. The adopted goals of this NEZ designation are to: revitalize existing neighborhoods and promote the creation of new residential areas; promote  FEBRUARY 21, 2023 CITY COMMISSION 16 new construction and the rehabilitation of housing; encourage investment, advance City strategies for homeownership, economic development, mixed-income development, sustainability, infill, and elimination of blight; and to implement the Master Plan; and 5. Designation of the 415 Sheldon Avenue NEZ is consistent with the Master Plan and City neighborhood preservation and economic development goals; and 6. The NEZ designation addresses the strategic goals for the area relative to the maintenance, preservation, and improvement of the existing housing, and promoting homeownership and development of housing for all persons regardless of income level living within the proposed NEZ; and 7. The owner or developer or prospective owner or developer of a proposed new facility or an owner or developer or prospective developer proposing to substantially rehabilitate property located in the 415 Sheldon Avenue NEZ may file an application for a 15-year neighborhood enterprise zone exemption certificate with the City Clerk in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended, and in accordance with the Chapter 69 of Title V of the Code of the City of Grand Rapids, and City Commission Policy 900-45, as amended; and 8. As part of the NEZ designation process, the City Commission establishes the 415 Sheldon Avenue NEZ as a Qualified Downtown Revitalization District in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended, and in accordance with the Chapter 69 of Title V of the Code of the City of Grand Rapids, and City Commission Policy 900-45, as amended; therefore RESOLVED: 1. That the City Commission establishes the 415 Sheldon Avenue NEZ as a Qualified Downtown Revitalization District in accordance with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended; and 2. That the City Commission hereby establishes the 415 Sheldon Avenue NEZ as that area consisting of the parcel of land known as 415 Sheldon Avenue SE (PPN 41-14-31-101-036); and 3. That the City Clerk shall forward a certified copy of this resolution to the Michigan State Tax Commission.  17 CITY COMMISSION FEBRUARY 21, 2023 ORDINANCES 92364 Result: Adopted. Mover: Ysasi. Supporter: O’Connor. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight 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 - 06 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). 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. FEBRUARY 21, 2023 CITY COMMISSION 18 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 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. 19 CITY COMMISSION FEBRUARY 21, 2023 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." 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.”  FEBRUARY 21, 2023 CITY COMMISSION 20 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 any of the P 5.2.08. Structures 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 accessory use or S 5.2.08. structure after the effective date of this Chapter to more than 25% of its gross floor area. Residential Residential Any structure intended for human occupancy. X — Residential support uses such as lawns, P — gardens, parking areas and play areas. Educational, Government And Institutional Government Outdoor recreational fields, community P 5.9.23. and Institutional gardens, outdoor amphitheaters. Commercial, Industrial, Transportation and Utilities Entertainment Campgrounds S — and Recreation Drive-In theaters, race tracks S — Entertainment or recreational uses not P — requiring permanent structures, such as parks, swimming areas, golf courses, driving ranges, hunting, fishing and hiking areas. Transient amusement such as circuses, S — carnivals and fairs. Commercial, Industrial-commercial uses such as loading P — Industrial and areas, open parking areas, airport landing Transportation 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 equipment, materials S — or machinery. Storage or processing of materials, which in X — 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-of-way. P — Utility facilities such as dams, power plants, P — transmission lines, pipelines and water monitoring devices. Agricultural/Natural Resources  21 CITY COMMISSION FEBRUARY 21, 2023 Agricultural, Open agricultural uses such as general P — Natural farming, grazing, pasture, outdoor plant Resources nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting. Navigational and drainage aids such as P — channels, channel markers, buoys and other such devices. Other water related uses such as: docks, piers, P — 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 cause any X — 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 FEBRUARY 21, 2023 CITY COMMISSION 22 uses, significantly and unduly affects the capacity of the regulatory floodway and thereby increases the level of the floodwaters. b. Filling in the regulatory floodway may be permitted only after full compliance has been achieved, to the satisfaction of the City Engineer, or designee, 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.  23 CITY COMMISSION FEBRUARY 21, 2023 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. 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 is immediately necessary for the preservation of public health, peace, or safety and shall be effective February 22, 2023.  FEBRUARY 21, 2023 CITY COMMISSION 24 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect. 92365 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight ORDINANCE NO. 2023 - 07 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 172,097,006.11 Other - From (To) Fund Balance 3,516,000.00 Total Amended Resources 175,613,006.11 Previously Approved Appropriations 172,097,006.11 Executive Office Department 16,000.00 General Administration Department 3,500,000.00 Total Amended Appropriations 175,613,006.11 Budget Stabilization Fund Previously Approved Resources - Other 3,500,000.00 From (To) Fund Balance (3,500,000.00) Total Amended Resources - Previously Approved Appropriations - Requested Changes - Total Amended Appropriations - Sewer Disposal Operations Fund Previously Approved Resources 58,617,316.11 Other - From (To) Retained Earnings 1,918,040.00 Total Amended Resources 60,535,356.11 Previously Approved Appropriations 58,617,316.11 Requested Changes 1,918,040.00 Total Amended Appropriations 60,535,356.11 Sewer Replacement Fund  25 CITY COMMISSION FEBRUARY 21, 2023 Previously Approved Resources 3,152,653.97 Other 1,918,040.00 From (To) Retained Earnings - Total Amended Resources 5,070,693.97 Previously Approved Appropriations 3,152,653.97 Requested Changes 1,918,040.00 Total Amended Appropriations 5,070,693.97 Fire Grants Fund Previously Approved Resources 4,413,025.61 Other 11,100.80 From (To) Fund Balance - Total Amended Resources 4,424,126.41 Previously Approved Appropriations 4,413,025.61 Requested Changes 11,100.80 Total Amended Appropriations 4,424,126.41 Other Grants Fund Previously Approved Resources 6,111,754.44 Other 16,000.00 From (To) Fund Balance - Total Amended Resources 6,127,754.44 Previously Approved Appropriations 6,111,754.44 Requested Changes 16,000.00 Total Amended Appropriations 6,127,754.44 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect. PUBLIC HEARINGS 92366 Result: Referred to Community Development Committee. Public hearing considering the Commemorative Designation of 33rd St. from Eastern Avenue to 1,317 feet East of Eastern Avenue as Bishop Dennis J. McMurray Way. 92367 Result: Referred to Community Development Committee. Public Hearing for 2023 Michigan Natural Resources Trust Fund Grant Application in the amount of $300,000 for Highland Park Project with an estimated total cost of $605,600.  FEBRUARY 21, 2023 CITY COMMISSION 26 92368 Result: Referred to Committee of the Whole. Public hearing to consider a Revised Brownfield Plan Amendment for the Talbot Quimby, LLC Redevelopment Project at 220 Quimby Street NE. 92369 Result: Closed. Public hearing considering amendments to Chapter 140, Title VIII of City Code (Property Maintenance Code). DOCUMENTS FILED 92370 Result: Received and Filed. SAAS Services and Subscription Agreement between Acta Solutions, Inc. and the City of Grand Rapids submitted for the public record. 92371 Result: Received and Filed. National Register of Historic Places registration for Marywood Academy located at 2025 Fulton Street E submitted for the public record. 92372 Result: Received and Filed. Professional Services Agreement between the City of Grand Rapids and Dr. Robert Lamson, PhD submitted for the public record. 92373 Result: Received and Filed. Professional Services Agreement between Colliers Valuation & Advisory Services and the City of Grand Rapids for the appraisal of 363 State Street SE submitted for the public record. ADJOURNMENT Commission adjourned at 10:19 PM JOEL H. HONDORP City Clerk