City Commission - Regular Session

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, March 14, 2023 CALL TO ORDER Commission was called to order by Mayor Rosalynn Bliss at 2:00 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 February 21, 2023 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92374 Result: Received and Filed. Communication received from Julie Rietberg, Greater Regional Alliance of Realtors CEO, concerning the proposed Property Maintenance Code amendment. 92375 Result: Received and Filed. Communication received from Deck Andrejczak with suggested changes to the property maintenance code. 92376 Result: Received and Filed. Communication received from Kyle Naumann regarding the proposed changes to the Property Maintenance Code. 92377 Result: Referred to Committee on Appointments. Communication from Darryll Vance regarding their resignation from the Community Relations Commission. 92378 Result: Referred to Committee on Appointments. Communication from Micah Perkins regarding their resignation from the Board of Zoning Appeals. 1  MARCH 14, 2023 CITY COMMISSION 2 92379 Result: Referred to Committee on Appointments. Communication from Stacy Bare regarding their resignation from the Urban Forestry Committee. 92380 Result: Received and Filed. Communication received from Scott Atchison expressing opposition to the Grand River Restoration Projects. 92381 Result: Referred to Committee on Appointments. Communication from Aaron Jonker regarding their resignation from the Community Relations Commission. 92382 Result: Received and Filed. Communication received from Dennis B. Murphy regarding No Mow May. 92383 Result: Received and Filed. Communication received from Mark Baker, President of Soft Lights Foundation, expressing opposition to the LED streetlight conversion project. 92384 Result: Received and Filed. Communication received from Andrew Shier, McShane & Bowie, regarding 2160 Celebration Dr NE. 92385 Result: Received and Filed. Communications received regarding the Genesis Project. REPORTS OF CITY OFFICERS 92386 Result: Received and Filed. Comptroller’s report for the period of February 8, 2023 through February 28, 2023 in the amount of $38,725,857.28. 92387 Result: Received and Filed. Treasurer’s report for the period of February 8, 2023 through February 28, 2023. CONSENT AGENDA A. CONSENT AGENDA 92388 Result: Adopted. Mover: O’Connor. Supporter: Moody. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 92389 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that Mayor Bliss’ appointment of Zach Skogheim to the North Quarter Corridor Improvement Authority for the remainder of a four-year term ending December 31, 2025, be confirmed.  3 CITY COMMISSION MARCH 14, 2023 92390 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that the appointment of Michael Williams as a representative of Disability Advocates of Kent County to the Vital Streets Oversight Commission for the remainder of a three-year term ending January 6, 2025, be recognized. 92391 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that Mayor Bliss’ appointment of Roberta Schirado to the Grand Rapids Historical Commission for the remainder of a three-year term ending January 5, 2026, be confirmed. 92392 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that Mayor Bliss’ appointment of Joana Hively to the Uptown Business Improvement District Board for the remainder of a four-year term ending December 31, 2026, be confirmed. 92393 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that Mayor Bliss’ appointment of Ryan Wheeler to the Uptown Business Improvement District Board for the remainder of a four-year term ending December 31, 2026, be confirmed. C. FISCAL COMMITTEE 92394 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the City Commission authorizes the acceptance of a grant award in the amount of $22,144 for the benefit of reducing violent crime through the funding of software and overtime expenses; and 2. That the grant period is from February 22, 2023 through February 21, 2024; and 3. That a grant agreement between the City of Grand Rapids and the Battle Creek Community Foundation for said program be approved, and the Mayor, or Mayor’s designee, is authorized to execute said agreement and related documents in a form approved by the City Attorney; and 4. That the Mayor is authorized to execute agreements, memoranda of understanding, and other related documents for implementation of said program, in a form approved by the City Attorney.  MARCH 14, 2023 CITY COMMISSION 4 92395 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the City Commission authorizes the acceptance of a grant award in the amount of $8,500 for partial wages of a Grand Rapids Police Department detective assigned to the Metropolitan Enforcement Team; and 2. That the grant period is from October 1, 2022 through September 30, 2023; and 3. That a grant agreement between the City of Grand Rapids and the Michigan State Police/Metropolitan Enforcement Team for said program be approved, and the Mayor is authorized to execute said agreement and related documents in a form approved by the City Attorney; and 4. That the Mayor is authorized to execute agreements, memoranda of understanding, and other related documents for implementation of said program, in a form approved by the City Attorney. 92396 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the City accepts a grant award in the amount of $10,000 from the Michigan Department of Environment, Great Lakes, and Energy (EGLE) Materials Management Division; and 2. That an agreement between the City of Grand Rapids and Michigan Department of Environment, Great Lakes, and Energy (EGLE) Materials Management Division be approved, and the Mayor is authorized to execute said agreement and related documents upon approval as to form by the City Attorney; and 3. That the period of performance is through December 1, 2023. 92397 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the City accepts a Commission authorizes acceptance of a grant award in the amount of $95,000 for the GRow1000 Academy; and 2. That an agreement between the City of Grand Rapids and the Heart of West Michigan United Way for the GRow1000 Academy be approved, and the Mayor is authorized to execute said agreements and related documentation upon approval as to form by the City Attorney; and  5 CITY COMMISSION MARCH 14, 2023 3. That the period of performance is from January 1, 2023, through June 30, 2024. 92398 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the City of Grand Rapids accepts a grant award for in the amount of $40,000 from the Grand Rapids Community Foundation for the 2023 Challenge Scholar’s Pep Rally; and 2. That a grant agreement between the City of Grand Rapids and the Grand Rapids Community Foundation be approved, and the Mayor is authorized to execute said agreement and related documents upon approval as to form by the City Attorney; and 3. That the period of performance is from February 13, 2023, through July 31, 2023. 92399 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the City of Grand Rapids accepts a grant award in the amount of $177,200 from the Michigan State Land Bank Authority for the Blight Elimination Program; and 2. That a grant agreement between the City of Grand Rapids and the Michigan State Land Bank Authority for the Blight Elimination Program be approved, and the City Manager, or his designee, is authorized to execute said agreement and any amendments thereto in a form approved by the City Attorney; and 3. That the Mayor is authorized to execute professional services agreements, construction contracts, and other related documents, and modifications or amendments, including extensions of time, necessary to carry out activities specified in the grant agreement in a form approved by the City Attorney; and 4. That the period of performance is from March 15, 2023, through February 29, 2024. 92400 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, Grand Rapids Public Schools expended $86,962.75 for eligible capital equipment purchases for the operation of the Educational portion  MARCH 14, 2023 CITY COMMISSION 6 of Public, Educational and Governmental (PEG) access channels or production of programming for these channels; and 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 Public Schools 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 $86,962.75, distributed as follows: Grand Rapids Public Schools (GRPS) $20,722.97 $66,239.78 TOTAL: $86,962.75 92401 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, Grand Rapids Community Media Center expended $171,676.85 for eligible capital equipment purchases for the operation of the Public portion of Public, Educational and Governmental (PEG) access channels or production of programming for these channels; and 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 Media Center 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 $171,676.85, distributed as follows: Grand Rapids Community Media Center (GRCMC)$171,676.85 TOTAL: $171,676.85 92402 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the City Treasurer be authorized to have the Kent County Treasurers Association file proceedings and take such court action as shall be necessary to strike from the City and Schools and County tax rolls uncollectible personal property taxes for the year 2017; and  7 CITY COMMISSION MARCH 14, 2023 2. That the City Clerk is authorized to execute the waiver for the notice of the hearing and the entry of the judgment on the petition to strike the 2017 personal property taxes from the City and Schools and County tax rolls in a form approved by the City Attorney. 92403 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. Industrial Networking Solutions Survey, equipment, and installation services of a network-in-a-box (“NIB”) solution at 27 community and regional parks for the Parks and Recreation Department for the total amount of $172,681.25. 2. Eurofins Environment Testing North Central, LLC One-year term contract with two, one-year renewal options for lab analysis and testing services for PFAS in non-potable water for the Environmental Services Department (ESD) from Eurofins Environment Testing North Central, LLC for the annual “not-to-exceed” amount of $150,000.00; the estimated three-year total amount is $450,000.00. 3. Weed & Feed Lawn Care Increase to the annual “not-to-exceed” contract amount for weed control services for the Water Department at various locations by $10,000.00, for a new annual “not-to-exceed” amount of $20,000.00; the estimated three- year total amount is $60,000.00. 4. Building Bridges Professional Services Shady Acre Lawn Care Shawn Sremba One-year term contracts with two, one-year renewal options for mowing services for the Parks & Recreation Department for Fairplains Cemetery, Greenwood Cemetery, and Woodlawn Cemetery and for the Water Department for all Water Pumping & Distribution sites from Shawn Sremba (dba Natural Landscapes) for an annual “not-to-exceed” amount of $268,000.00 (estimated three-year total amount of $804,000.00); for Oakhill North and South Cemetery from Shady Acre Lawn Care Inc. for an annual “not-to-exceed” amount of $176,000.00 (estimated three-year total amount of $528,000.00); and for the Environmental Services Department from Building Bridges Professional Services for two lift stations for an annual “not-to-exceed” amount of $3,000.00 (estimated three-year total amount of $9,000.00).  MARCH 14, 2023 CITY COMMISSION 8 FURTHER RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors: 5. Clark Equipment Company Cooperative purchase as per the State of Michigan MiDEAL Contract #071B7700088 for the purchase of Original Equipment Manufacturer (O.E.M.) Bobcat TL619 telehandler lift equipment for the Water Resource Recovery Facility (WRRF) from Clark Equipment Company (dba Bobcat Company) for the total amount of $82,191.52. 6. Always There Tree Care Midwest Tree Service, LLC New Life Arboricultural Services, LLC Tree removal and stump grinding services at various locations throughout the City as follows: Company Bid Items Total Amount Always There Tree Care 2 $54,178.00 Midwest Tree Service 1 $44,022.00 New Life Arboricultural 3 $84,995.00 The total “not-to-exceed” amount for awarded vendors is $183,195.00; due to possible weather-related events, an additional 10% contingency amount of $18,319.50 is also requested for any additional unforeseen circumstance or additional services that may arise performing services, which will increase the total amount requested to $201,514.50. The contingency will also allow for any additions that may come up during the service period, such as missed trees, dead trees, or stumps in direct vicinity to a marked tree. If needed, the contingent amount would be applied to individual vendors as applicable; any changes/modifications shall be discussed and approved with the Parks Department prior to commencing, with a subsequent change order issued to the vendor by the Purchasing Department. 7. Kent Power Equipment Cooperative purchase through Sourcewell contract #031121-KBA for the purchase of an Original Equipment Manufacturer (O.E.M.) Kubota Tight Tail Swing Compact Excavator and bucket for the Fleet Management Department from Kent Power Equipment (dba Kent Equipment) for the total amount of $73,819.38. 8. Process Water Technologies Original Equipment Manufacturer (O.E.M.) refurbishment and overhaul services of dewatering drums for the Water Resource Recovery Facility (WRRF) from Process Water Technologies for the amount of $164,361.00.  9 CITY COMMISSION MARCH 14, 2023 D. COMMUNITY DEVELOPMENT COMMITTEE 92404 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") 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 Dwelling Place Regional Community Land Trust Redevelopment Project (the "Project") identified therein (the "Revised Amendment"); and 3. Before considering approval of the Revised 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, March 28, 2023, at 7:00 p.m., at Commission Night Out hosted at GRPS University located at 1400 Fuller Ave. NE, Grand Rapids, Michigan, 49505, in the City; and 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 Revised 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.  MARCH 14, 2023 CITY COMMISSION 10 92405 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. On October 18, 2022 (Proceeding No. 92083), the City Commission approved a Construction Agreement (Agreement) between the City of Grand Rapids (City), 650 Burton St, LLC, and Dwelling Place of Grand Rapids Nonprofit Housing Corporation to facilitate the construction of public sanitary sewer, water main, storm sewer and improvements in connection with Construction of Hazen Street, Willard Avenue, Linden Avenue and Merritt Street and Improvements in Union Avenue, Winchell Street and Martin Avenue (Dwelling Place - 2080 Union); and 2. The Agreement identified Dwelling Place of Grand Rapids Nonprofit Housing Corporation and 650 Burton St, LLC as “Codevelopers” (Codevelopers); and 3. It is necessary to approve an Amendment to the Agreement (Amendment) as 650 Burton St., LLC is no longer the Codeveloper and owner of the property, having sold it to the State Land Bank Authority; and 4. Dwelling Place of Grand Rapids Nonprofit Housing Corporation shall be solely responsible for all obligations previously agreed to by the aforementioned “Codevelopers” listed in the Agreement; therefore RESOLVED: 1. That the aforesaid Amendment between the City of Grand Rapids and Dwelling Place of Grand Rapids Nonprofit Housing Corporation be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said Amendment on behalf of the City. 92406 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the City Manager, or designee, is authorized to submit a Michigan Natural Resources Trust Fund grant application to the Michigan Department of Natural Resources requesting $300,000 for improvements to Highland Park, and to provide any additional information that may be required with respect to the project; and 2. That, contingent upon execution of a grant agreement with the Michigan Department of Natural Resources, the City will provide matching funds of $307,100 (50%) toward the actual eligible total project cost not to exceed $607,100, with source of said funds to be Parks Millage; and 3. That the City will make these matching funds available during City fiscal years 2025 and 2026.  11 CITY COMMISSION MARCH 14, 2023 92407 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. Rezoning the property from SD-IT (Special Districts-Industrial Transportation) to TN-TCC (Traditional Neighborhood-Traditional City Center) is requested to facilitate use of existing buildings on the adjacent property for a range of residential, commercial, and industrial uses; and 2. The Planning Commission considered the rezoning request at a public hearing held on February 9, 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 37 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 28, 2023. SUMMARY OF ORDINANCE 2023 – __ AN ORDINANCE TO AMEND MAP 37 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED, “ZONING ORDINANCE” The City of Grand Rapids is considering an amendment to Map 37 of Chapter 61 of Title V of the City Code of Grand Rapids. The amendment would rezone 620, 640 & 644 Chestnut Street SW and 835 & 943 Godfrey Avenue from SD- IT (Special Districts–Industrial Transportation) to TN-TCC (Traditional Neighborhood-Transitional City Center). The proposed Zoning Ordinance map amendment is available at the City’s website at https://tinyurl.com/644Chestnutetal 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 37 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:  MARCH 14, 2023 CITY COMMISSION 12 Section 1. That Map 37 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to rezone 620, 640 & 644 Chestnut Street SW and 835 & 943 Godfrey Avenue from SD-IT (Special Districts-Industrial Transportation) to TN-TCC (Traditional Neighborhood-Transitional City Center). The properties are described as follows: 620 Chestnut Street SW / 41-13-36-501-003 Part of the West 1/2 of Section 36, Town 7 North, Range 12 West, City of Grand Rapids, Kent County, Michigan, described as: Beginning at a point on the South line of Chestnut Street (50 feet wide) which is North 88 degrees 15 minutes 54 seconds West 189.78 feet from the West line of Godfrey Avenue, being the East line of the Conrail Railroad right-of-way; thence South 17 degrees 47 minutes 14 seconds West 1224.48 feet along said East line; thence South 88 degrees 03 minutes 24 seconds East 17.67 feet; thence North 17 degrees 47 minutes 14 seconds East 943.32 feet along a line which is 17.0 feet East of (perpendicular measure) said East line; thence Northeasterly 84.60 feet along the arc of a 478.34 foot radius curve to the right, the chord of which bears North 22 degrees 50 minutes 49 seconds East 84.49 feet; thence Northeasterly 198.95 feet along the arc of a 478.34 foot radius curve to the left, the chord of which bears North 16 degrees 00 minutes 19 seconds East 197.52 feet to the South line of said Chestnut Street; thence North 01 degrees 44 minutes 06 East 25.00 feet; thence North 88 degrees 15 minutes 54 seconds West 11.86 feet along the centerline of Chestnut Street; thence South 17 degrees 47 minutes 14 seconds West 26.01 feet to the point of beginning. 640 Chestnut Street SW / 41-13-36-151-009 Part of the Northwest 1/4 of Section 36, Town 7 North, Range 12 West, City of Grand Rapids, Kent County, Michigan, described as: Commencing at a point on the centerline of Chestnut Street which is 300 feet West of the West line of Godfrey Avenue; thence South parallel with the West line of Godfrey Avenue to the Westerly right of way line of the Conrail Railroad (33 feet wide); thence Northeasterly along the Westerly right of way line of the Conrail Railroad to the centerline of Chestnut Street; thence West along the centerline of Chestnut Street to the place of beginning. 644 Chestnut Street SW / 41-13-36-503-044 PART OF THE NORTHWEST 1/4 OF SECTION 36, T7N, R12W, CITY OF GRAND RAPIDS, KENT COUNTY, MICHIGAN, DESCRIBED AS: BEGINNING AT A POINT (N 531,636.49/E 12,770,927.31-NAD83 DATUM) ON THE SOUTH LINE OF CHESTNUT STREET (50 FEET WIDE) WHICH IS N88°15'54"W 189.78 FEET FROM THE WEST LINE OF GODFREY AVENUE, BEING THE EAST LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY; THENCE S17°47'14"W 882.37 FEET  13 CITY COMMISSION MARCH 14, 2023 ALONG SAID EAST LINE; THENCE N88°03'52"W 34.30 FEET ALONG THE EAST-WEST 1/4 LINE OF SAID SECTION 36, TO A POINT DESCRIBED AS BEING 788.9 FEET EAST OF THE WEST 1/4 CORNER OF SAID SECTION; THENCE N17°47'14"E 908.26 FEET ALONG A LINE WHICH IS 33.0 FEET WEST OF (PERPENDICULAR MEASURE) SAID EAST LINE, TO THE CENTERLINE OF SAID CHESTNUT STREET; THENCE S88°15'54"E 34.34 FEET ALONG SAID CENTERLINE; THENCE S17°47'14"W 26.01 FEET TO THE POINT OF BEGINNING. 835 Godfrey Avenue SW / 41-13-36-501-030 PART OF THE SOUTHWEST 1/4 OF SECTION 36, T7N, R12W, CITY OF GRAND RAPIDS, KENT COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE INTERSECTION OF THE EAST-WEST 1/4 LINE OF SAID SECTION AND THE WEST LINE OF THE PENNSYLVANIA/CONRAIL RAILROAD RIGHT-OF-WAY (FORMER GRAND RAPIDS AND INDIANA RAILWAY - 33 FEET WIDE), BEING DESCRIBED AS 788.9 FEET EAST OF THE WEST 1/4 CORNER OF SAID SECTION 36; THENCE S88°03'52"E 34.30 FEET ALONG SAID E-W 1/4 LINE TO THE EAST LINE OF SAID RAILROAD RIGHT-OF- WAY; THENCE S17°47'14"W 342.12 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING (N 530,470.55/E 12,770,553.22- NAD83 DATUM); THENCE S88°03'24"E 26.19 FEET; THENCE S17°46'25"W 164.49 FEET; THENCE N88°01'22"W 26.23 FEET; THENCE N17°47'14"E 164.49 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. 943 Godfrey Avenue SW / 41-13-36-503-039 PART OF THE SOUTHWEST 1/4 OF SECTION 36, T7N, R12W, CITY OF GRAND RAPIDS, KENT COUNTY, MICHIGAN, DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE EAST-WEST 1/4 LINE OF SAID SECTION AND THE WEST LINE OF THE PENNSYLVANIA/CONRAIL RAILROAD RIGHT-OF-WAY (FORMER GRAND RAPIDS AND INDIANA RAILWAY - 33 FEET WIDE), (N 530,797.47/E 12,770,623.46-NAD83 DATUM) BEING DESCRIBED AS 788.9 FEET EAST OF THE WEST 1/4 CORNER OF SAID SECTION 36; THENCE S17°47'14"W 506.58 FEET ALONG SAID WEST LINE; THENCE S88°01’22”E 34.30 FEET; THENCE N17°47'14"E 506.60 FEET; THENCE N88°03'52"W 34.30 FEET ALONG SAID E-W 1/4 LINE TO THE POINT OF BEGINNING. 92408 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. A Major Amendment to a previously approved SD-PRD (Special District- Planned Redevelopment District) at 851 Leonard Street NW and 850 and  MARCH 14, 2023 CITY COMMISSION 14 860 Courtney Street NW is requested to facilitate a 55-unit, affordable senior residential development; and 2. The Planning Commission considered the rezoning request at a public hearing held on February 23, 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 20 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 28, 2023. SUMMARY OF ORDINANCE 2023 – __ AN ORDINANCE TO AMEND MAP 20 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING ORDINANCE” The City of Grand Rapids is considering a Zoning Ordinance Amendment to Map 20 of Chapter 61 of Title V of the City Code of Grand Rapids. The amendment would amend a previously adopted SD-PRD (Special Districts- Planned Redevelopment District) at 851 Leonard Street NW and 850 and 860 Courtney Street NW to facilitate an affordable senior housing development of up to 55 residential dwelling units. The proposed Zoning Ordinance map amendment is available at the City’s website at https://tinyurl.com/851Leonardrev or in person at the Planning Department, 3rd Floor, 1120 Monroe Avenue NW, 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 20 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 a Major Amendment to a previously adopted SD-PRD (Special Districts-Planned Redevelopment District) at 851 Leonard Street NW and 850 and 860 Courtney Street NW on Map 20 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to facilitate an affordable senior housing development of up to 55 residential dwelling units.  15 CITY COMMISSION MARCH 14, 2023 The properties can be described as follows: 851 Leonard Street NW(41-13-14-482-020): Lots 1127, 1151, 1152, 1153, and 1154, Panfil's Assessor's Plat No. 53 of Lots 13, 14, 15, 16, 17 and 19 of Patrick Tregent's Addition to the City of Grand Rapids, according to the Plat thereof, as recorded in Liber 40 of Plats, Page 38. 850 Courtney Street NW (41-13-14-482-008): Lot 1126, Panfil's Assessor's Plat No. 53 of Lots 13, 14, 15, 16, 17 and 19 of Patrick Tregent's Addition to the City of Grand Rapids, according to the Plat thereof, as recorded in Liber 40 of Plats, Page 38. 860 Courtney Street NW (41-13-14-482-033) Part of Lot 1124 described as, Commencing at the Southeast corner of said Lot, thence South 89 degrees 50 minutes 20 seconds West along the South line of said Lot, 0.33 feet; thence North 02 degrees 10 minutes 43 seconds West 14.54 feet to the East line of said Lot; thence South 03 degrees 28 minutes 39 seconds East along said East lot line, 14.55 feet to the point of beginning. ALSO, Lot 11 25, Except commencing at the Northwest corner of said Lot; thence North 90 degrees 00 minutes 00 seconds East along the North line of said Lot, 2.66 feet; thence South 02 degrees 10 minutes 43 seconds East 116.99 feet to the West line of said Lot; thence North 03 degrees 28 minutes 39 seconds West along said West lot line, 117.12 feet to the point of beginning, both Lots being in Panfil's Assessor's Plat No. 53 of Lots 13, 14, 15, 16, 17 and 19 of Patrick Tregent's Addition to the City of Grand Rapids, according to the Plat thereof, as recorded in Liber 40 of Plats, Page 38. Section 2. As provided in Section 5.12.12.F. of the Zoning Ordinance, that the following provisions are an integral part of this Ordinance: 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 signs shall be governed by the rules and requirements for residential zone districts. 4. 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. 5. That privacy screening shall be provided along the westerly lot line.  MARCH 14, 2023 CITY COMMISSION 16 6. The applicant shall make a good faith effort with The Rapid to relocate the bus stop. 7. That the proposed use will comply with all other applicable City ordinances and policies and all State laws. 8. That this approval shall take effect as required by the City Commission approval in accordance with Section 5.12.12.G. of the Zoning Ordinance. 92409 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, in response to a request from Renaissance Church of God in Christ the City Commission held a public hearing on February 21, 2023 to consider the commemorative designation of 33 rd Street from Eastern Avenue to 1,317 feet East of Eastern Avenue as Bishop Dennis J. McMurray Way and support has been expressed for the aforesaid commemorative designation; therefore RESOLVED that the City Commission hereby approves the commemorative designation of 33rd Street from Eastern Avenue to 1,317 feet East of Eastern Avenue as Bishop Dennis J. McMurray Way. 92410 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. On April 21, 1964 (Proceeding No. 14728) the City accepted Release of Right of Way Easements for highway purposes and underground utilities in Breton Avenue from 2300 ft. South of Burton Street to 1922 ft. South of Twenty-Eighth Street. The document conveyed by John Huizinga and Sidney H. Holwerda is missing and was not recorded with the Kent County Register of Deeds; and 2. The current property owner has conveyed a Quit Claim Deed to the City for the area in the missing document and has also conveyed a Utility Easement to the City for an existing underground stormwater facility; and 3. It is necessary to accept a Quit Claim Deed and dedicate the same as public right-of-way at 2890 Breton Avenue SE and to accept a Utility Easement at 2424 28th Street SE; and 4. It is necessary to authorize a payment for the property owner's legal fees in connection with the aforesaid documents; therefore RESOLVED: 1. That a Quit Claim Deed is hereby accepted from the following property owner for the described property for nominal consideration of One Dollar  17 CITY COMMISSION MARCH 14, 2023 ($1.00): Pfeiffer Commercial Real Estate Family LLC ($1.00) 2890 Breton Avenue SE Grand Rapids, Michigan 49512 Part of 2890 Breton Ave. SE, Parcel No. 41-18-15-101-046 The West 40.0 feet of the following described property: That part of the Northwest 1/4, Section 15, Town 6 North, Range 11 West, City of Grand Rapids, Kent County, Michigan, described as: Commencing at the Northwest corner of said Section 15; thence S00°00'00"W 510.47 feet along the West line of Section 15 to the Point of Beginning; thence S87°04'00"E 348.00 feet along a line which is 450.0 feet South of and parallel with the South line of 28th Street; thence S00°00'00"W 125.36 feet; thence N86°38'38"W 348.14 feet along the Northerly line of 29th Street (60 feet wide by perpendicular measurement); thence N00°00'00"E 122.79 feet along the West line of Section 15 to the Point of Beginning. Contains 4,963 square feet, more or less. Said West 40.0 feet is currently occupied by Breton Avenue public right-of-way conveyed to the City of Grand Rapids in a missing Release of Right-of-Way from John Huizinga and Sidney H. Holwerda that was accepted by the Grand Rapids City Commission on April 21, 1964 (Proceeding No. 14728); and A. That the above-described property be and is hereby dedicated to street and highway purposes. B. That, subject to the supervision and control of the City Manager, the Director of Public Service shall manage and have charge of the above- described property in accordance with Title VI, Section 9, of the Charter of the City of Grand Rapids. C. That the City Engineer and other affected City officials and departments are hereby directed to designate and delineate said property on the official maps and records of the City as public right-of- way to be known as Breton Avenue for the use and benefit of the public at large. D. That the City Clerk be authorized and directed to notify the State Treasurer of the State of Michigan of the dedication of the aforesaid property by the City of Grand Rapids as public right-of-way; and 2. That a Utility Easement is hereby accepted from the following property owner for nominal consideration of One Dollar ($1.00):  MARCH 14, 2023 CITY COMMISSION 18 Pfeiffer Commercial Real Estate Family LLC ($1.00) 2424 28th Street SE Grand Rapids, Michigan 49512 Part of 2424 28th St. SE, Parcel No. 41-18-15-101-001; and 3. That a payment for legal fees is hereby authorized to McShane & Bowie, P.L.C. in an amount not to exceed $1,500.00 in connection with the aforesaid Quit Claim Deed and Utility Easement; and 4. That the City Comptroller is hereby authorized and directed to make payments, in amounts and to said payees, as the City Engineer or designee requests in connection with the aforesaid legal fees; and 5. That the City Clerk is hereby authorized and directed to record the aforesaid Quit Claim Deed, Utility Easement, and this resolution with the Kent County Register of Deeds. 92411 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. It is necessary to enter into an agreement with the Michigan Department of Transportation in connection with the Project and to authorize expenditures in connection with the following project: Rotomill/Resurfacing of Ball Avenue from Leonard Street to Knapp Street (MDOT Contract No. 23-5009) (hereinafter referred to as the “Project”); therefore RESOLVED: 1. That the City enter into an agreement with the Michigan Department of Transportation for the Project and that, upon approval as to form by the City Attorney, the Mayor and City Clerk are hereby authorized to execute the same on behalf of the City. 2. That expenditures for the local share of costs for the Project be authorized in an amount not to exceed $1,155,774, which includes the costs of the construction contract, previously authorized design phase services by Prein & Newhof, Inc. (Prein), construction phase services including inspection by Prein, traffic safety, street lighting and forestry force account work/public information program, administration, and contingencies. Said amount of $1,155,774 to be charged to the applicable Vital Streets 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.  19 CITY COMMISSION MARCH 14, 2023 92412 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 sanitary sewer facilities in connection with Sanitary Sewer in Public Easement (SE) (Windy North); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids (City), the City of Kentwood and Bosco Construction, Inc. (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: Bosco Construction, Inc. $1.00 4910 68th Street SE Caledonia, MI 49316 3463 52nd Street SE, Parcel No. 41-18-26-326-001 3. That the City Clerk is hereby authorized and directed to record the aforesaid Easement with the Kent County Register of Deeds. 92413 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, it is necessary to furnish certain information to the State of Michigan to place streets within the City of Grand Rapids Street System, and to decertify streets that have been vacated and/or closed to traffic, all for the purpose of obtaining funds under Act 51, P.A. 1951, as amended; therefore RESOLVED: 1. That the following described street is hereby certified as part of the City of Grand Rapids Street System for a total of 1,030 feet: Watertown Way from the South line of Chesapeake Drive to the west line of Viridian Place Condominium – Phase I as shown on City of Grand Rapids drawing GPF No. 5783; and A. That the above-described street is located within a City of Grand Rapids right-of-way and is under control of the city of Grand Rapids; and  MARCH 14, 2023 CITY COMMISSION 20 B. That said street is a public street and is for public street purposes; and C. That said street is accepted into the City of Grand Rapids Local Street System and was open to the public prior to December 31, 2022; and 2. That the following described streets are hereby decertified from the City of Grand Rapids Street System for a total of 709 feet; and A. Leffingwell Avenue from the North line of I-96 to the centerline of Bradford Street (for a total of 290 feet). Said street vacation was approved by the City on January 29, 1991 (Proceeding No. 54222) and was closed to traffic prior to December 31, 2022; and B. Leffingwell Avenue from the centerline of Oak Industrial Drive to the South line of I-196 (for a total of 42 feet). Said street was closed to traffic prior to December 31, 2022; and C. Unknown Street from 377 feet West of East Beltline Avenue (M-44) to the West line of East Beltline Avenue (M-44) (for a total of 377 feet). Said street was closed to traffic prior to December 31, 2022. 92414 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. On January 21, 2020 (Proceeding No. 89541), the City entered into agreements for the above-captioned services for three-year terms with each of the following firms: Intertek Testing Services NA, Inc. dba Professional Service Industries, Inc. (Intertek-PSI), Materials Testing Consultants, Inc. (MTC), Soil and Materials Engineers, Inc. (SME), and Somat Engineering, Inc. (Somat) who were retained to provide Geotechnical Services and Construction Materials Testing Services for Various Projects; and 2. The City desires to extend this agreement by a three-year period ending January 31, 2026 and each firm has agreed to said extensions with changes in each firm’s rates, ranging from 0% to 5%; therefore RESOLVED: 1. That Amendment No. 1 of the agreements with Intertek-PSI, MTC, SME, and Somat for Geotechnical Services and Construction Materials Testing for Various Projects be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said amendments on behalf of the City, which authorizes the extension of the period of performance to January 31, 2026, with increases to their rates approved only in writing by the City Engineer, after the first year, typically ranging from 0% to 5%; and  21 CITY COMMISSION MARCH 14, 2023 2. That additional expenditures for the aforesaid services for the next three years are hereby authorized in an amount of $1,500,000 with costs to be charged to the project budgets for which these services are required, for an increased total not-to-exceed amount of $4,000,000 for term of the agreements; and 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the projects. 92415 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, statements of qualifications were received January 20, 2023, for: Professional and Technical Engineering Services for Various Projects for the City of Grand Rapids (hereinafter referred to as the “Agreement”) and AECOM Great Lakes, Inc. (AECOM); Black & Veatch (B&V); Donohue & Associates, Inc. (Donohue); ENG., Inc. (ENG.); Fleis & Vandenbrink Engineering, Inc. (Fleis & Vandenbrink); Fishbeck, Thompson, Carr & Huber, Inc. (Fishbeck); Geotech, Inc. (Geotech); GZA Geoenvironmental, Inc. (GZA); Holland Engineering, Inc. (Holland); Hubbell, Roth & Clark, Inc. (HRC); Integrated Partners LLC dba Land & Resource Engineering (LRE); Moore & Bruggink, Inc. (M&B); Prein and Newhof, Inc. (Prein & Newhof); Progressive AE, Inc. (Progressive); ROWE Professional Services Company (ROWE); Spalding DeDecker Associates, Inc. (Spalding DeDecker); Tetra Tech of Michigan, PC (Tetra Tech); Wade Trim, Inc. (Wade Trim); and Wiss, Janney, Elstner Associates, Inc. (WJEA) were selected as qualified firms; therefore RESOLVED: 1. That the City enter into agreements with AECOM Great Lakes, Inc. (AECOM); Black & Veatch (B&V); Donohue & Associates, Inc. (Donohue); ENG., Inc. (ENG.); Fleis & Vandenbrink Engineering, Inc. (Fleis & Vandenbrink); Fishbeck, Thompson, Carr & Huber, Inc. (Fishbeck); Geotech, Inc. (Geotech); GZA Geoenvironmental, Inc. (GZA); Holland Engineering, Inc. (Holland); Hubbell, Roth & Clark, Inc. (HRC); Integrated Partners LLC dba Land & Resource Engineering (LRE); Moore & Bruggink, Inc. (M&B); Prein and Newhof, Inc. (Prein & Newhof); Progressive AE, Inc. (Progressive); ROWE Professional Services Company (ROWE); Spalding DeDecker Associates, Inc. (Spalding DeDecker); Tetra Tech of Michigan, PC (Tetra Tech); Wade Trim, Inc. (Wade Trim); and Wiss, Janney, Elstner Associates, Inc. (WJEA) for Professional and Technical Engineering Services for Various Projects for periods of service from April 1, 2023 through March 31, 2026 and that, upon approval by the City Attorney, the Mayor be authorized to execute each agreement on behalf of the City.  MARCH 14, 2023 CITY COMMISSION 22 2. That expenditures for the aforesaid services are hereby authorized in an estimated amount of $15,000,000 and will be charged to the appropriate project budgets for which these services are required. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer requests in connection with the aforesaid services. 92416 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, bids were received on February 21, 2023 for the following project: Installation of Multimodal Concrete Pads at Various Locations - 2023-1 (hereinafter referred to as the “Project”) And Epic Excavating, Inc. submitted a bid of $211,720 for which the engineer’s estimate is $200,565; therefore RESOLVED: 1. That the bid of Epic Excavating, Inc. 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 $260,000 which includes the costs of the construction contract, engineering/inspection/administration, and contingencies. Said amount of $260,000 to be charged to the applicable Parking System 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. 92417 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, bids were received on February 14, 2023 for the following project: Grit Tank Improvements at the Water Resource Recovery Facility - Phase 2 (hereinafter referred to as the “Project”) And Franklin Holwerda Company, Inc. (FHC) submitted a bid of $4,632,914 for which the engineers estimate prepared by Hubbell, Roth & Clark, Inc (HRC), is $3,896,320; therefore RESOLVED:  23 CITY COMMISSION MARCH 14, 2023 1. That the bid of FHC 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 $5,980,127 which includes the costs of the construction contract, previously authorized design phase services by HRC, construction phase services including inspection by HRC, testing/printing/permits, engineering/inspection/administration, and contingencies. Said amount of $5,980,127 to be charged to the applicable codes currently defined as Code No. 5902-527-9000-9880-590222029. 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. 92418 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. The City of Grand Rapids recognizes the Grand River as an extremely important natural asset to our quality of life with potential for widespread environmental, social, economic, community and cultural benefits; and 2. The City of Grand Rapids Master Plans, past and present, envision the river with an improved water quality, access to recreation, and enhanced riparian habitat; and 3. Grand Rapids Whitewater has catalyzed a widely-shared community vision to restore and revitalize the rapids in the Grand River for everyone’s enjoyment; and 4. The City of Grand Rapids embraces this vision as the catalyst for river quality improvements and river corridor redevelopment and as a focal point for the GR Forward and River for All plans; and 5. The Grand Valley Metropolitan Council has entered into a cooperative agreement with the U.S. Department of Agriculture and the Natural Resource Conservation Service to engage in complementary and compatible activities related to providing financial and technical assistance through provisions of the Regional Conservation Partnership Program and PL-566. The principal purpose of the cooperative Agreement is to address resource concerns including water quality degradation, inadequate habitat for fish, wildlife and invertebrates, and soil erosion. The RCPP Agreement term has been extended one year and shall remain in effect through June 30, 2023; therefore RESOLVED:  MARCH 14, 2023 CITY COMMISSION 24 1. The Watershed Plan Agreement and Project Agreement 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. The City Manager, or designee, is authorized to sign all documentation necessary for accepting the funding from Natural Resource Conservation Service. E. COMMITTEE OF THE WHOLE 92419 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that special meetings of the City Commission are scheduled to convene at City Hall, City Commission Chambers, 300 Monroe Avenue NW, Grand Rapids, on the following dates, and the City Clerk is directed to publish notice of same in accordance with the Open Meetings Act, PA 267 of 1976, as amended. Dates include: May 2, 2023 9:00 AM Budget Workshop May 16, 2023 9:00 AM Budget Workshop* *if needed 92420 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  25 CITY COMMISSION MARCH 14, 2023 RESOLVED: 1. That the Social District Permit application from Grand Rapids Art Museum; 101 Monroe Center St NW, 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. 92421 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. 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 2. The City Commission established the 415 Sheldon Avenue Neighborhood Enterprise Zone (NEZ) district by Resolution No. 92363, adopted on February 21, 2023; and 3. An application was filed with the City of Grand Rapids on February 24, 2023 by W&S Development Partners, LLC for the construction of up to 58 apartment units which are to be located within the 415 Sheldon Avenue NEZ, requesting an NEZ Exemption Certificate; therefore RESOLVED: 1. That the City Commission hereby acknowledges receipt of the NEZ Exemption Certificate application from W&S Development Partners, LLC for the construction of market-rate residential apartment units to be located within the 415 Sheldon Avenue NEZ; and 2. That the City Commission hereby finds that the NEZ Exemption Certificate application complies with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended; and 3. That the City Commission hereby approves the submission of the NEZ Exemption Certificate application for the above-described project, located at 415 Sheldon Avenue SE, to the State Tax Commission by the City Clerk; and 4. That the City Commission recommends that the above-described property, if approved by the State Tax Commission, shall receive fifteen (15) years of NEZ benefits, beginning from the effective date of the NEZ Exemption Certificate; and  MARCH 14, 2023 CITY COMMISSION 26 5. That the NEZ Exemption Certificate and any accompanying economic benefit approved for submission to the State Tax Commission pursuant to this resolution is subject to any and all changes in State or Federal legislation and such changes are beyond the control of this City Commission. 92422 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 a revised amendment to the Plan for the Talbot Quimby, LLC redevelopment project (the “Project”) described therein (the “Revised Amendment”); and 3. The City Commission held a public hearing on February 21, 2023, for the Revised Amendment after notice in accordance with the requirements of Act 381; therefore RESOLVED: 1. That the Revised Amendment constitutes a public purpose under Act 381; and 2. That the Revised 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 Revised 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 Revised Amendment is reasonable; and 6. That the Revised 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.  27 CITY COMMISSION MARCH 14, 2023 92423 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. 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 2. The City Commission established the Quimby Corner Neighborhood Enterprise Zone (NEZ) by Resolution No. 85888, adopted on July 12, 2016; and 3. An application was filed with the City of Grand Rapids on February 24, 2023 by Talbot Quimby, LLC for the construction of up to 72 apartment units which are to be located within the Quimby Corner NEZ, requesting an NEZ Exemption Certificate; therefore RESOLVED: 1. That the City Commission hereby acknowledges receipt of the NEZ Exemption Certificate application from Talbot Quimby, LLC for the construction of market-rate residential apartment units to be located within the Quimby Corner NEZ; and 2. That the City Commission hereby finds that the NEZ Exemption Certificate application complies with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended; and 3. That the City Commission hereby approves the submission of the NEZ Exemption Certificate application for the above-described project, located at 220 Quimby Street NE, to the State Tax Commission by the City Clerk; and 4. That the City Commission recommends that the above-described property, if approved by the State Tax Commission, shall receive fifteen (15) years of NEZ benefits, beginning from the effective date of the NEZ Exemption Certificate; and 5. That the NEZ Exemption Certificate and any accompanying economic benefit approved for submission to the State Tax Commission pursuant to this resolution is subject to any and all changes in State or Federal legislation and such changes are beyond the control of this City Commission.  MARCH 14, 2023 CITY COMMISSION 28 ORDINANCES 92424 Result: Adopted. Mover: Moody. Supporter: Ysasi. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight 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 - 08 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: 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  29 CITY COMMISSION MARCH 14, 2023 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. PUBLIC HEARINGS 92425 Result: Referred to Committee of the Whole. Public hearing to consider an amendment to Industrial Facilities Exemption Certificate #2021-029, pursuant to P.A. 198 of 1974, for Blackmer at 1809 Century Avenue SW. DOCUMENTS FILED 92426 Result: Received and Filed. Software-as-a-Service Agreement between Simsi, Inc. and the City of Grand Rapids submitted for the public record. 92427 Result: Received and Filed. Bid document with Comprenew submitted for the public record. ADJOURNMENT Commission adjourned at 2:56 PM JOEL H. HONDORP City Clerk