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City Commission - Regular Session

Regular Meeting

Grand Rapids, MI · March 28, 2023

AgendaMinutes

Minutes

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, March 28, 2023 CALL TO ORDER Commission was called to order by Mayor Rosalynn Bliss at 5:30 PM ROLL CALL Present: Mayor Bliss, Commissioner Ysasi, Commissioner Moody, Commissioner Perdue, Commissioner Robbins, Commissioner Knight Absent: Commissioner O’Connor (Excused) The roll was called by the City Clerk. Result: Adopted. Mover: Moody. Supporter: Robbins. Yeas: Bliss, Ysasi, Moody, Perdue, Robbins, Knight Excused: Jon O’Connor Motion to excuse Commissioner O'Connor. APPROVAL OF MINUTES On the motion of Com. Kelsey Perdue, supported by Com. Nathaniel Moody, the reading of the minutes of the Regular Session of March 14, 2023 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92428 Result: Referred to Committee on Appointments. Communication from Bill Wood regarding their resignation from the Vital Streets Oversight Commission. 92429 Result: Referred to Committee on Appointments. Communication from Camie Castaneda regarding their resignation from the Community Relations Commission. 92430 Result: Referred to Committee on Appointments. Communication from Brianna Forbes regarding their resignation from the North Quarter Corridor Improvement Authority. 92431 Result: Received and Filed. Communication received from Garfield Park Neighborhood Association's Safety Committee with ways to improve threats and concerns. 1 MARCH 28, 2023 CITY COMMISSION 2 92432 Result: Received and Filed. Communication received from Mark Baker regarding light pollution. 92433 Result: Received and Filed. Communication received from Scott Atchison regarding the removal of logs at the Sixth Street dam. REPORTS OF CITY OFFICERS 92434 Result: Received and Filed. Comptroller’s report for the period of March 1, 2023 through March 14, 2023 in the amount of $19,769,342.21. 92435 Result: Received and Filed. Treasurer’s report for the period of March 1, 2023 through March 14, 2023. 92436 Result: Received and Filed. Recommendation from the Public Safety Committee to schedule a public hearing on the potential acquisition of small Unmanned Aerial System technology, as required by Administrative Policy 15-03 “Acquisition and Use of Surveillance Equipment and Surveillance Services.” CONSENT AGENDA A. CONSENT AGENDA APPROVAL 92437 Result: Adopted. Mover: Robbins. Supporter: Moody. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 92438 Result: Adopted. Mover: Robbins. Supporter: Moody. RESOLVED, that the appointment of Marshall Kilgore to the Vital Streets Oversight Commission for the remainder of a three-year term ending January 1, 2024, be recognized. 92439 Result: Adopted. Mover: Robbins. Supporter: Moody. RESOLVED, that the City Manager’s appointment of Michael Bernier to the Grand Rapids Housing Commission for a five-year term ending April 11, 2027, be confirmed. 92440 Result: Adopted. Mover: Robbins. Supporter: Moody. RESOLVED, that the City Commission’s appointment of Rebecca Pobst to the Urban Forestry Committee for the remainder of a three-year term ending January 6, 2025, be approved. 3 CITY COMMISSION MARCH 28, 2023 C. FISCAL COMMITTEE 92441 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS, the Grand Rapids City Commission hereby determines that the Eastpointe Commons I project is qualified for, and should be granted, the exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements, as provided in the State Housing Development Authority Act; therefore RESOLVED: 1. That pursuant to Section 15(a) of the State Housing Development Authority Act and Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the City Commission hereby conditionally approves, subject to the receipt of the "Notification to Local Assessor of Exemption" from the Michigan State Housing Development Authority, an exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements, for the Eastpointe Commons Limited Dividend Housing Association Limited Partnership, and its successors and assigns, for Unit 1 of the Eastpointe Commons Condominium, pending establishment of the Master Deed to be recorded before this tax exemption is in effect, Unit 1 being part of the following described parcel of property: That part of Stevenson and Long's Addition, and that part of Lots 53 and 54 of the Amended Plat of Lots 3 thru 39, inclusive, and Lots 44 thru 52, inclusive, Stevenson and Long's Addition, and that part of the SE 1/4, Section 29, T7N, R11 W, City of Grand Rapids, Kent County, Michigan, described as: Commencing at the NW corner of Lot 1 of said Stevenson and Long's Addition; thence S00°00'00"W 169.86 feet along the East line of Carlton Avenue to the PLACE OF BEGINNING of this description: thence S89°03'53"E 107.38 feet; thence S00°56'07"W 6.93 feet; thence S89°03'53"E 222.13 feet; thence N00°58'29"E 176.56 feet to the South line of Fulton Street; thence S89°01'44"E 354.60 feet along the South line of Fulton Street; thence S00°00'00"W 300.00 feet; thence N89°01'44"W 60.00 feet; thence S00°00'00"W 111.08 feet to the SE corner of said Lot 53; thence N89°03'47"W 278.00 feet along the Southerly line of said Lot 53; thence N00°00'00"E 119.00 feet; thence N89°03'47"W 152.00 feet to the NE corner of Lot 54 of said Amended Plat; thence S00°00'00"W 162.67 feet to the SE corner of said Lot 54; thence N89°04'49"W 99.50 feet along the South line of said Lot 54; thence N00°00'00"E 129.50 feet; thence N89°04'49"W 97.50 feet to the East line of Carlton Avenue; thence N00°00'00"E 155.81 feet along said East line of Carlton Avenue to the Place of Beginning. MARCH 28, 2023 CITY COMMISSION 4 Parcel Number: 41-14-29-426-039 Commonly known as 1460 East Fulton Street for a term not to exceed forty-five (45) years, provided however, upon verification by the owner to the City of a different term of federal or Authority-aided mortgage, the tax exemption shall be for the term of the actual assistance, not to exceed fifty (50) years. The tax exemption shall be effective on the December 31 immediately succeeding the receipt of the "Notification to Local Assessor of Exemption" from the Michigan State Housing Development Authority for said parcels. Notwithstanding the provisions of Section 15(a)(5) of the State Housing Development Authority Act to the contrary, a contract to provide tax exemption and accept payment in lieu of taxes, as previously described, between the City of Grand Rapids and the Eastpointe Commons Limited Dividend Housing Association Limited Partnership, with the Michigan State Housing Development Authority as third party beneficiary under this contract, is effectuated by the adoption of this resolution; and 2. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall pay a service charge in the amount equal to one percent (1%) of the annual shelter rental receipts for the rent restricted units occupied by low-income families and their pro-rated share of land and improvements, in addition to making an annual contribution to the City of Grand Rapids’ Affordable Housing Fund in an amount equal to two percent (2%) of annual shelter rent; and for that portion of the project occupied by other than low income persons or families, shall pay a service charge equal to the full amount of the taxes that would be paid on that portion of the project if the project were not tax exempt, as provided by the Michigan State Housing Development Authority Act; and 3. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall annually file with the City Assessor before August 1st a complete set of audited financial statements for each previous calendar year, as requested. 92442 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS, the Grand Rapids City Commission hereby determines that the Eastpointe Commons II project is qualified for, and should be granted, the exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements, as provided in the State Housing Development Authority Act; therefore RESOLVED: 1. That pursuant to Section 15(a) of the State Housing Development Authority Act and Article 5, Chapter 9 of Title I of the Code of the City of Grand 5 CITY COMMISSION MARCH 28, 2023 Rapids, the City Commission hereby conditionally approves, subject to the receipt of the "Notification to Local Assessor of Exemption" from the Michigan State Housing Development Authority, an exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements, for the Eastpointe Commons Limited Dividend Housing Association Limited Partnership II, and its successors and assigns, for Unit 2 of the Eastpointe Commons Condominium, pending establishment of the Master Deed to be recorded before this tax exemption is in effect, Unit 2 being part of the following described parcel of property: That part of Stevenson and Long's Addition, and that part of Lots 53 and 54 of the Amended Plat of Lots 3 thru 39, inclusive, and Lots 44 thru 52, inclusive, Stevenson and Long's Addition, and that part of the SE 1/4, Section 29, T7N, R11 W, City of Grand Rapids, Kent County, Michigan, described as: Commencing at the NW corner of Lot 1 of said Stevenson and Long's Addition; thence S00°00'00"W 169.86 feet along the East line of Carlton Avenue to the PLACE OF BEGINNING of this description: thence S89°03'53"E 107.38 feet; thence S00°56'07"W 6.93 feet; thence S89°03'53"E 222.13 feet; thence N00°58'29"E 176.56 feet to the South line of Fulton Street; thence S89°01'44"E 354.60 feet along the South line of Fulton Street; thence S00°00'00"W 300.00 feet; thence N89°01'44"W 60.00 feet; thence S00°00'00"W 111.08 feet to the SE corner of said Lot 53; thence N89°03'47"W 278.00 feet along the Southerly line of said Lot 53; thence N00°00'00"E 119.00 feet; thence N89°03'47"W 152.00 feet to the NE corner of Lot 54 of said Amended Plat; thence S00°00'00"W 162.67 feet to the SE corner of said Lot 54; thence N89°04'49"W 99.50 feet along the South line of said Lot 54; thence N00°00'00"E 129.50 feet; thence N89°04'49"W 97.50 feet to the East line of Carlton Avenue; thence N00°00'00"E 155.81 feet along said East line of Carlton Avenue to the Place of Beginning. Parcel Number: 41-14-29-426-039 Commonly known as 1460 East Fulton Street for a term not to exceed forty-five (45) years, provided however, upon verification by the owner to the City of a different term of federal or Authority-aided mortgage, the tax exemption shall be for the term of the actual assistance, not to exceed fifty (50) years. The tax exemption shall be effective on the December 31 immediately succeeding the receipt of the "Notification to Local Assessor of Exemption" from the Michigan State Housing Development Authority for said parcels. Notwithstanding the provisions of Section 15(a)(5) of the State Housing Development Authority Act to the contrary, a contract to provide tax exemption and accept payment in lieu of taxes, as previously described, between the City of Grand Rapids and the Eastpointe Commons Limited Dividend Housing Association Limited Partnership II, with the Michigan State Housing MARCH 28, 2023 CITY COMMISSION 6 Development Authority as third party beneficiary under this contract, is effectuated by the adoption of this resolution; and 2. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall pay a service charge in the amount equal to one percent (1%) of the annual shelter rental receipts for the rent restricted units occupied by low-income families and their pro-rated share of land and improvements, in addition to making an annual contribution to the City of Grand Rapids’ Affordable Housing Fund in an amount equal to two percent (2%) of annual shelter rent; and for that portion of the project occupied by other than low income persons or families, shall pay a service charge equal to the full amount of the taxes that would be paid on that portion of the project if the project were not tax exempt, as provided by the Michigan State Housing Development Authority Act; and 3. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall annually file with the City Assessor before August 1st a complete set of audited financial statements for each previous calendar year, as requested. 92443 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS: 1. City Commission adopted City Commission Policy 900-02 establishing the City of grand Rapids Affordable Housing Fund, as amended; and 2. City Commission approved execution of an agreement with the Grand Rapids Community Foundation for provision of fiduciary services for the Affordable Housing Fund; therefore RESOLVED that the City Comptroller is hereby authorized to make payment to the Grand Rapids Community Foundation in the amount of $113,858.19 for deposit into the City of Grand Rapids Affordable Housing from account 101-694-101-8010. 92444 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS: 1. On December 13, 2022 (Proceeding No. 92238), the City Commission approved awarding a contract to EV Construction, Co. and authorizing expenditures in connection with the project Lagoon Improvements at the Lake Michigan Filtration Plant. 2. It is necessary to supplement the project budget for Lagoon Improvements at the Lake Michigan Filtration Plant by transferring previously approved budget amounts of $704,500 from Water System Fund Project account; 7 CITY COMMISSION MARCH 28, 2023 therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $704,500 for Lagoon Improvements at the Lake Michigan Filtration Plant be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 92445 Result: Adopted. Mover: Robbins. 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. Harris One-year term contract with two, one-year renewal options for continued O.E.M. Cayenta managed services for the Water Department from Harris for the first year “not-to-exceed” annual amount of $62,716.56. Annual renewals for additional contract years will be processed per the costs received from Harris; at this time, the estimated three-year total amount is $200,693.00. 2. Harris One-year term contract with two, one-year renewal options for continued O.E.M. Cayenta software maintenance and support services for the Water Department from Harris for the first year “not-to-exceed” annual amount of $145,252.41. Annual renewals for additional contract years will be processed per the costs received from Harris; at this time, the estimated three-year total amount is $457,908.22. 3. MacQueen Equipment Contract transfer from Apollo Fire Equipment to MacQueen Equipment for the purchase of firefighting gear and boots for the Fire Department for an annual “not-to-exceed” amount of $50,000.00, at the pricing and terms of the original contract. 4. West Shore Fire Inc. One-year term contract with two, one-year renewal options for the purchase and delivery of Original Equipment Maintenance (O.E.M.) Scott brand Self-Contained Breathing Apparatus (SCBA) and related components, parts, maintenance and repair services, and testing services of SCBA equipment for the Fire Department from West Shore Fire, Inc. for an annual “not-to-exceed” amount of $55,000.00; the estimated three-year total amount is $165,000.00. MARCH 28, 2023 CITY COMMISSION 8 5. Stearns, Conrad and Schmidt, Consulting Engineers, Inc. Contract for services related to development of a comprehensive rate study for materials management operations for the Public Works Department from Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (dba SCS Engineers) for the total “not-to-exceed” amount of $74,150.00. FURTHER RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors: 6. Berger Chevrolet, Inc. Cooperative purchase as per the State of Michigan MiDEAL Contract #071B7700177 for the purchase of three 2023 Chevy Tahoe vehicles for the Fleet Management Department from Berger Chevrolet, Inc. for the amount of $119,820.00. 7. The Safety 1, LLC Cooperative purchase through Sourcewell contract #093021-GEP for the purchase of two Original Equipment Manufacturer (O.E.M.) Global M3EV electric street sweepers for the Fleet Management Department, in collaboration with the Public Works Department, from The Safety 1, LLC (dba MTech Company) for the total amount of $1,247,206.00. 8. Rieth-Riley Construction Co. Michigan Paving & Materials Superior Asphalt Cooperative agreement through the Kent County Road Commission (KCRC) for a one-year term contract with one, one-year renewal option for bituminous summer materials (LVSP, 3E1/4E1/5E1, Ultra-thin, SS-1H) for the Public Works Department from Rieth-Riley Construction for the annual “not-to-exceed” amount of $1,850,000.00; from Michigan Paving & Materials for the annual “not-to-exceed” amount of $500,000.00; and from Superior Asphalt, Inc. for the annual “not-to-exceed” amount of $500,000.00. 9. Board of County Road Commissioners Cooperative agreement through the Board of County Road Commissioners (Kent County Road Commission/KCRC) is recommended for a one-year term contract with one, one-year renewal option for various spray patch mix emulsion materials for the Public Works Department for the annual “not-to-exceed” amount of $80,000.00; the estimated two-year total is $160,000.00. D. COMMUNITY DEVELOPMENT COMMITTEE 92446 Result: Adopted. Mover: Robbins. Supporter: Moody. RESOLVED that the request to grant FFP Effects, Inc. a Fireworks Discharge Permit to be used in conjunction with Morgan Wallen concert event 9 CITY COMMISSION MARCH 28, 2023 at the Van Andel Arena on April 27, 2023 is approved, pending an inspection by the Fire Department. 92447 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS: 1. The Grand Rapids Fire Department provides services for the health and safety of the community; and 2. In order to fulfill its mission and provide for the health and safety of the community, the Grand Rapids Fire Department must maintain adequate facilities; and 3. The Grand Rapids Fire Department has determined that an additional station is required to provide for the public safety of the residents of Grand Rapids, and is in the best interest of the community; therefore RESOLVED: 1. That an Option to Purchase Agreement (the “Agreement”) is approved in a form to be approved by the City Attorney; and 2. That upon satisfaction of all required due diligence, the acquisition of the real property located at 4040 and 4044 Kalamazoo Avenue SE is approved; and 3. That the mayor is authorized to execute the Agreement on behalf of the City; and 4. That the costs necessary to fulfil the City’s obligations contained in the Agreement, which are “not-to-exceed” $575,000 shall be paid from the Grand Rapids Fire Department Capital Improvement Fund (4010-336- 9000-6991R - 23011-401023011). 92448 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS: 1. The City desires to acquire property that may be used in fulfilling its strategic priorities of improving health and the environment, and promoting economic prosperity and affordability for the community; and 2. An agreement to terms has been negotiated for the evaluation and eventual acquisition of 960 Bristol Avenue NW; therefore RESOLVED: 1. That an Option to Purchase Agreement (the “Agreement”) is approved in a form to be approved by the City Attorney; and MARCH 28, 2023 CITY COMMISSION 10 2. That upon satisfaction of all required due diligence, the acquisition of the real property located at 960 Bristol Avenue NW is approved; and 3. That the Mayor is authorized to execute the Agreement, amendments thereto, and any other documents necessary to effectuate the acquisition on behalf of the City as approved in content by the City Manager and as to form by the City Attorney; and 4. That the costs necessary to fulfil the City’s obligations contained in the Agreement, which are “not-to-exceed” $340,000 shall be paid from the Property Management Fund (2360-728-1000-9710). 92449 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS: 1. The Michigan Legislature has established a Local Bridge Program administered by the Michigan Department of Transportation for rehabilitation, replacement, and preventative maintenance of deficient or obsolete bridges, and the Federal government has established a bridge rehabilitation, replacement, and preventative maintenance program for grant funding of the same; and 2. Recent inspections of the Sixth Street Bridge over the Grand River, Wealthy Street Bridge over the Grand River, and Michigan Street Bridge over Division Avenue reveal continuing deterioration to warrant grant applications for preventative maintenance; and 3. The aforesaid bridges are essential for the movement of emergency, commercial, and industrial vehicles as well as the general public; and 4. The aforesaid bridges are under the jurisdiction of the City of Grand Rapids; therefore RESOLVED: 1. That the City Engineer or his designee is hereby authorized to submit applications to the Michigan Department of Transportation pursuant to the Michigan Department of Transportation Local Bridge Program for grant funds for the Preventative Maintenance of Sixth Street Bridge over the Grand River, Wealthy Street Bridge over the Grand River, and Michigan Street Bridge over Division Avenue; and 2. That the Michigan Department of Transportation is hereby encouraged to give favorable consideration to the applications for grant funds for preventative maintenance of the aforesaid bridges; and 3. That the City Clerk is hereby authorized and directed to send a certified copy of this resolution to the Director of the Michigan Department of 11 CITY COMMISSION MARCH 28, 2023 Transportation. 92450 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS, it is necessary to approve a Construction Agreement, and accept two Public Utilities Easements for the construction of public sanitary sewer facilities in connection with Sanitary Sewer in Public Easement (SE) and Sanderling Court (Bretonfield Preserve - Phase 6); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids (City), the City of Kentwood and Westview Capital, 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 two Public Utilities Easements 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: Permanent Easement Westview Capital, LLC $1.00 2186 E. Centre Street Portage, Michigan 49002 5735 Breton Avenue SE, Parcel No. 41-18-34-300-032 Terminating Easement Westview Capital, LLC $1.00 2186 E. Centre Street Portage, Michigan 49002 5735 Breton Avenue SE, Parcel No. 41-18-34-300-032 3. That the City Clerk is hereby authorized and directed to record the aforesaid Easement with the Kent County Register of Deeds. 92451 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS, it is necessary to accept a Sidewalk and Utility Easement and to authorize a payment for Sidewalk Improvements in Sidewalk Improvements in Collindale Avenue from Lake Michigan Drive to Burritt Street and in Burritt Street from 350 Feet West of Collindale Avenue to Collindale Avenue; therefore RESOLVED: MARCH 28, 2023 CITY COMMISSION 12 1. That a Sidewalk and Utility Easement is hereby accepted from the following property owners for the described property for the compensation amount noted: Mark A. and Barbara J. Siciliano $310.00 614 Collindale Ave NW Grand Rapids, Michigan 49504 614 Colindale Ave NW, Grand Rapids Parcel No. 41-31-21-401-023 2. 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 Sidewalk and Utility Easement. 3. That the City Clerk is hereby authorized and directed to record the aforesaid Sidewalk and Utility Easement with the Kent County Register of Deeds. 92452 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS: 1. On June 16, 2020 (Proceeding No. 89960), the City approved fees associated with Design Services with Bergmann Associates, Architects, Engineers and Surveyors P.C. (Bergmann) for the following project: Relocation of City Services at 201 Market (hereinafter referred to as the “Project”) 2. It is necessary to increase the scope of work and authorize additional expenditures; therefore RESOLVED: 1. That the scope of work with Bergmann be increased in the amount of $2,152,900 with total expenditures not to exceed $2,906,236. This amount includes the costs of final design phase services by Bergmann, previously authorized preliminary design phase services by Bergmann, administration, survey, environmental assessment, legal services, and contingencies. Said amount of $2,906,236 to be charged to the applicable codes currently defined as 4010-447-9000-9880-401020071. 2. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. 3. That the City of Grand Rapids, pursuant to Section 1.150-2 of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, 13 CITY COMMISSION MARCH 28, 2023 as amended, declares its intent to reimburse itself the costs of the Project and other related costs in an amount not to exceed $$2,906,236 (Capital Improvement Fund) through the issuance of tax-exempt bonds. 4. That a copy of this resolution be available for inspection at the City Clerk’s Office, 2nd Floor, City Hall, 300 Monroe Avenue N.W., Grand Rapids, Michigan 49503. E. COMMITTEE OF THE WHOLE 92453 Result: Adopted. Mover: Robbins. Supporter: Moody. RESOLVED that the request from HG Grand Rapids, JV, dba Ink by Hudson for a new Class C liquor license to be located at 5500 44th St SE, GRR Airport, Post Security, Grand Rapids, MI 49512 be approved. 92454 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS: 1. Increasing the availability of outdoor dining space will help increase the vibrancy of downtown and neighborhood business districts; and 2. Public Act 124 of 2020 as amended empowers the City Commission to designate Social Districts with Commons Areas where purchasers may consume alcoholic beverages sold by multiple qualified Michigan Liquor Control Commission licensees who obtain Social District Permits; and 3. The City Commission has designated Social Districts containing Commons Areas within the City of Grand Rapids; and 4. The City Commission has received a request from a qualified licensee to recommend approval of their Social District Permit application by the Michigan Liquor Control Commission; and 5. The licensed premises of the licensee are contiguous to the Commons Areas within the designated Social Districts; and 6. The City Commission desires to recommend approval of the Social District Permit application; therefore RESOLVED: 1. That the Social District Permit application from Adams Mixology, LLC dba Drip Drop Cocktail Room; 445 Bridge St NW, Unit 2, 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 MARCH 28, 2023 CITY COMMISSION 14 Control Commission. 92455 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS: 1. Pursuant to P.A. 198 of 1974, MCL 207.551 et seq., after a duly noticed public hearing held on April 27, 1993, the City Commission by resolution established a Plant Rehabilitation District at 1809 Century Avenue SW on May 4, 1993; and 2. The City Commission approved an application from Dover Pumps & Solutions Segment, Inc. dba Blackmer requesting an Industrial Facilities Exemption Certificate #2021-029 for $5,984,800 of real property improvements to be located at 1809 Century Avenue SW; and 3. Dover Pumps & Solutions Segment, Inc. dba Blackmer has filed an application to amend Industrial Facilities Exemption Certificate #2021-029 with respect to $11,425,000 of real property improvements in a New Facility located within the Plant Rehabilitation District; and 4. Before acting on said application, the City Commission held a hearing on March 14, 2023, in the City Commission Chambers, 300 Monroe Avenue NW, at 2:00 p.m., at which hearing the applicant, the Assessor and a representative of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; and 5. Dover Pumps & Solutions Segment, Inc. dba Blackmer has substantially met all the requirements under Public Act 198 of 1974 for the amendment of Industrial Facilities Exemption Certificate #2021-029; and 6. The aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Grand Rapids, after granting this certificate, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; therefore RESOLVED: 1. That the City Commission finds and determines that the granting of the amendment of an Industrial Facilities Exemption Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, shall not have the effect of substantially impeding the operation of the City of Grand Rapids, or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City of Grand Rapids; and 15 CITY COMMISSION MARCH 28, 2023 2. That the application from Dover Pumps & Solutions Segment, Inc. dba Blackmer for an amendment of Industrial Facilities Exemption Certificate #2021-029, with respect to a New Facility on the parcel of real property situated within the Plant Rehabilitation District located at 1809 Century Avenue SW be and the same is hereby approved; and 3. That the Industrial Facilities Exemption Certificate when issued shall remain in force for the remaining years approved under Industrial Facilities Exemption certificate #2021-029 with an end date of December 30, 2034. 92456 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS, pursuant to Act 120 of the Public Acts of 1961, as amended, the City Charter and Chapter 23 of the City Code, the City Manager has caused to be prepared a report containing a map and estimates for a proposed Special Assessment District, in connection with the following ongoing activities: SPECIAL ASSESSMENT DISTRICT NO. 8780 DOWNTOWN IMPROVEMENT DISTRICT SERVICE ENHANCEMENTS which includes maintenance, beautification, public safety, events, marketing, communications, representation, administration, snowmelt operations and other operations within the Downtown Area above and beyond normal street maintenance costs and supplemental to routine city services. RESOLVED: 1. That the report of the City Manager shall be filed with the City Commission and the City Clerk and shall be available for public examination on the City Clerk’s website at grandrapidsmi.gov and also on the Downtown Grand Rapids, Inc. website at downtowngr.org. The public improvement shall be identified as “Special Assessment District No. 8780 Downtown Improvement District Service Enhancements.” 2. That a public hearing on the necessity for Special Assessment Roll No. 8780 be held on Tuesday, April 25, 2023, at 7:00 p.m., in the City Commission Chambers on the 9th Floor of City Hall, 300 Monroe Avenue NW. 3. That a notice of the time, place and purpose of said hearing shall be published once on a newspaper of general circulation in the City not less than ten (10) days prior to the date of said hearing, and notice of said hearing shall be sent by first-class mail at least ten (10) days before the date of the hearing to each owner of property subject to assessment in the proposed Special Assessment District, as indicated by the records of the Assessor’s Office, to the address and person shown on the current tax assessment roll of the City. MARCH 28, 2023 CITY COMMISSION 16 4. That all resolutions or parts of resolution in conflict herewith shall be and the same are hereby rescinded. 92457 Result: Adopted. Mover: Robbins. Supporter: Moody. WHEREAS: 1. Increasing the availability of outdoor dining space will help downtown and neighborhood business districts to thrive; 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 designated the Downtown Grand Rapids Social District on July 21, 2020, and revised the designation on April 27, 2021; June 1, 2021; and November 9, 2021; and 4. Additional businesses and uses near the Downtown Grand Rapids Social District would like to participate in the Social District, in these four (4) locations: a) Summer Avenue, from Bridge to Douglas; b) Futsal court/bike polo area, including the east side sidewalk on Seward; c) Ah-Nab-Awen Park; d) Calder Plaza; and 5. The City Commission has considered the potential impact of the proposed changes to the Social District on public health, safety, and welfare; therefore RESOLVED: 1. That the Downtown Grand Rapids Social District containing a Commons Area is designated within the limits shown on the attached map; and 2. That the Commons Area within the Social District shall be as noted on the attached map with the City Manager, or designee, authorized to make minor reasonable adjustments to the limits of the Commons Area required by regulatory or operational requirements, or to safeguard the public health, safety, and welfare; and 3. That the Commons Area is contiguous to at least 2 qualified licensees; and 4. That signage shall be placed to define and clearly mark the limits of the Commons Area; and 5. That the City-approved Parklet seating areas shall remain as permitted (subject to permit modifications) within the Social District; and 17 CITY COMMISSION MARCH 28, 2023 6. That the management and maintenance plan for the Commons Area, including the hours of operation, shall be the same as for the corresponding Parklet seating area; and 7. That the Commons Area shall be maintained in a manner that protects the health and safety of the community; and 8. That the Social District shall exclude premises authorized by the Michigan Liquor Control Commission under a special license during the effective period of the special license; and 9. That any conflicting provision of prior City Commission proceedings is hereby rescinded. ORDINANCES 92458 Result: Adopted. Mover: Moody. Supporter: Robbins. Yeas: Bliss, Ysasi, Moody, Perdue, Robbins, Knight Excused: Jon O’Connor ORDINANCE NO. 2023 - 09 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 175,613,006.11 Other 113,858.19 From (To) Fund Balance 80,000.00 Total Amended Resources 175,806,864.30 Previously Approved Appropriations 175,613,006.11 Contingent (915,000.00) General Admin Subsidies 915,000.00 General Admin Governmental Resources (50,000.00) Community Development Services 113,858.19 Executive Office 80,000.00 Oversight & Public Accountability 50,000.00 Total Amended Appropriations 175,806,864.30 Capital Improvement Fund Previously Approved Resources 37,589,350.37 Other 1,575,000.00 From (To) Fund Balance - MARCH 28, 2023 CITY COMMISSION 18 Total Amended Resources 39,164,350.37 Previously Approved Appropriations 37,589,350.37 Requested Changes 1,575,000.00 Total Amended Appropriations 39,164,350.37 Sewer Disposal Operations Fund Previously Approved Resources 60,535,356.11 Other - From (To) Retained Earnings 2,129,381.00 Total Amended Resources 62,664,737.11 Previously Approved Appropriations 60,535,356.11 Requested Changes 2,129,381.00 Total Amended Appropriations 62,664,737.11 Community Development Program Fund Previously Approved Resources 10,292,112.21 Other 169,393.01 From (To) Fund Balance - Total Amended Resources 10,461,505.22 Previously Approved Appropriations 10,292,112.21 Requested Changes 169,393.01 Total Amended Appropriations 10,461,505.22 Police Grants Fund Previously Approved Resources 1,660,387.29 Other 30,644.00 From (To) Fund Balance - Total Amended Resources 1,691,031.29 Previously Approved Appropriations 1,660,387.29 Requested Changes 30,644.00 Total Amended Appropriations 1,691,031.29 Other Grants Fund Previously Approved Resources 6,091,539.44 Other 10,155,200.00 From (To) Fund Balance - Total Amended Resources 16,246,739.44 Previously Approved Appropriations 6,091,539.44 Requested Changes 10,155,200.00 Total Amended Appropriations 16,246,739.44 Property Management Fund Previously Approved Resources 320,150.24 Other 340,000.00 19 CITY COMMISSION MARCH 28, 2023 From (To) Fund Balance - Total Amended Resources 660,150.24 Previously Approved Appropriations 320,150.24 Requested Changes 340,000.00 Total Amended Appropriations 660,150.24 Result: Adopted. Mover: Robbins. Supporter: Ysasi. Yeas: Bliss, Ysasi, Moody, Perdue, Robbins, Knight Excused: Jon O’Connor Motion to give the ordinance immediate effect. 92459 Result: Adopted. Mover: Moody. Supporter: Knight. Yeas: Bliss, Ysasi, Moody, Perdue, Robbins, Knight Excused: Jon O’Connor 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 - 10 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: 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 MARCH 28, 2023 CITY COMMISSION 20 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 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 21 CITY COMMISSION MARCH 28, 2023 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. 92460 Result: Adopted. Mover: Moody. Supporter: Knight. Yeas: Bliss, Ysasi, Moody, Perdue, Robbins, Knight Excused: Jon O’Connor 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 - 11 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. 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 MARCH 28, 2023 CITY COMMISSION 22 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. 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. CITY COMMISSION RESOLUTIONS Result: Adopted. Mover: Moody. Supporter: Perdue. Yeas: Bliss, Ysasi, Moody, Perdue, Robbins, Knight Excused: Jon O’Connor Motion to suspend the rules to consider the following resolution. 92461 Result: Adopted. Mover: Moody. Supporter: Ysasi. Yeas: Bliss, Ysasi, Moody, Perdue, Robbins, Knight Excused: Jon O’Connor 23 CITY COMMISSION MARCH 28, 2023 WHEREAS the City of Grand Rapids filed a lawsuit to address the public nuisance that is the Opioid Epidemic, which named, among other companies, the following four Defendants (“Settling Defendants”): 1. Teva Pharmaceuticals Industries Ltd. (a prescription opioids manufacturer); 2. Allergan Finance, LLC (a prescription opioids manufacturer); 3. CVS Health Corp. and CVS Pharmacy, Inc. (a prescription opioids distributor); and 4. Walmart, Inc. (a prescription opioids distributor); and WHEREAS the Settling Defendants have negotiated proposed national settlement agreements (“Proposed Settlements”) with the State Attorneys General, and a Plaintiff Executive Committee-designated negotiating committee that represents approximately 4,000 local governments that have brought lawsuit similar to the City of Grand Rapids’ lawsuit; and WHEREAS the Proposed Settlements contain significant equitable and monetary relief, including: 1. An agreement to pay (a) up to $3.34 billion over the next thirteen years by Teva; (b) up to $2.02 billion over seven years by Allergan; (c) $4.9 billion over the next ten years by CVS; and (d) $2.74 billion within six years by Walmart. The bulk of each of these payments will be dedicated to funding abatement and prevention strategies associated with the opioids public nuisance; and 2. An agreement by Teva and Allergan to abide by strict limitations on their marketing, promotion, sale, and distribution of opioids, including a ban on (a) promotion and lobbying; (b) rewarding or disciplining employees based on volume of opioid sales; and (c) funding or grants to third parties; and 3. An agreement by CVS and Walmart to implement changes in how they handle opioids, including requirements addressing their compliance structures, pharmacist judgment, diversion prevention, suspicious order monitoring, and reporting on red-flag processes, as well as blocked and potentially problematic prescribers; and WHEREAS the City of Grand Rapids previously executed Participation Agreements for the Distributor and Janssen Settlements, which have conferred and continue to confer valuable benefits; and WHEREAS the Proposed Settlements each contain a “default” allocation method where settlement funds are allocated to a particular state to resolve the claims asserted by state and local governments within that state, allocated as follows: • 15% of settlement proceeds paid under the Proposed Settlements are allocable to the State; and • 15% of the settlement proceeds are allocable to local governments; and MARCH 28, 2023 CITY COMMISSION 24 • 70% of the settlement proceeds are allocable to an opioid abatement fund; and WHEREAS the Proposed Settlements enable the state and local governments within the State to negotiate alternative allocation methods to the “default” allocation method referenced above; and WHEREAS the City of Grand Rapids desires to enter into an alternative allocation method which allocates settlement funds on a 50/50 basis to: 1. Participating Local Governments who have elected to participate in the Proposed Settlements; and 2. The State of Michigan; and WHEREAS the City of Grand Rapids previously executed the Michigan State-Subdivision Agreement for Allocation of Distributor Settlement Agreement and Janssen Settlement Agreement, which allocated funds attributed to the State of Michigan in a streamlined and equitable manner; now therefore RESOLVED that: 1. The City of Grand Rapids authorizes the execution of Participation Agreements for: (1) the Master Settlement Agreement with Teva Pharmaceuticals Industries Ltd.; (2) the Master Settlement Agreement with Allergan Finance, LLC; (3) the Master Settlement Agreement with CVS Health Corp. and CVS Pharmacy, Inc.; and (4) the Master Settlement Agreement with Walmart, Inc., each of which are listed and available to the public at https://nationalopioidsettlement.com; and 2. The City of Grand Rapids authorizes the execution of a new Michigan State- Subdivision Agreement for Allocation of Allergan, Teva, CVS, and Walmart Settlement Agreements, substantially similar to the proposed agreement attached as Exhibit B to this resolution. The City of Grand Rapids also authorized execution of a similar state-subdivision agreement to the extent that it provides a substantially similar allocation of settlement of bankruptcy proceeds obtained from opioids litigation with any other entity; and 3. For the avoidance of doubt, the City of Grand Rapids also authorizes its continued participation in the Distributor Settlement Agreement, the Janssen Settlement Agreement, and the Michigan State-Subdivision Agreement for the Allocation of Distributor Settlement Agreement and Janssen Settlement Agreement, all previously executed. PUBLIC HEARINGS 92462 Result: Referred to Community Development Committee. Public hearing on funding recommendations totaling $8,494,574 for activities supporting the FY 2024 Neighborhood Investment Plan and HOME-ARP Allocation Plan. 25 CITY COMMISSION MARCH 28, 2023 92463 Result: Closed. Public Hearing on Programmatic Agreements with the Michigan State Historic Preservation Officer. 92464 Result: Referred to Committee of the Whole. Public Hearing to consider a Revised Brownfield Plan Amendment for the $14.3 million Dwelling Place Regional Community Land Trust redevelopment project at 637 Winchell Street SE. DOCUMENTS FILED 92465 Result: Received and Filed. Memorandum of Understanding between the City of Grand Rapids and Michigan Afterschool Partnership submitted for the public record. 92466 Result: Received and Filed. Data Sharing Agreement between the City of Grand Rapids through Our Community's Children and Grand Rapids Public Schools submitted for the public record. 92467 Result: Received and Filed. Data Sharing Agreement between the City of Grand Rapids through Our Community's Children and Grand Rapids Public Schools submitted for the public record. ADJOURNMENT Commission adjourned at 8:35 PM JOEL H. HONDORP City Clerk

Agenda

CITY OF GRAND RAPIDS CITY COMMISSION MEETING TUESDAY, MARCH 28, 2023 5:30 PM – GRPS UNIVERSITY, 1400 FULLER NE Welcome to the Grand Rapids City Commission Meeting. This session is the final process in the consideration of the items listed on the following agenda. All of these agenda items have been thoroughly reviewed and discussed in the various Standing Committees of the City Commission which meet on Tuesday morning. To view supporting documents for agenda items, please visit: www.grandrapidsmi.gov/commission Persons who need reasonable accommodation to participate, are asked to contact the City Clerk’s Office at 616-456-3010 or cityclerk@grcity.us. Expected Meeting Procedures 1. Depending on the meeting there can be multiple opportunities for public comment. These are the planned opportunities for this meeting: -The First is for any issue you would like to bring to the attention of the Commission -The Second is for specially scheduled required public hearings 2. You may only speak once on each issue. 3. All comments are to be limited to 3 minutes. 4. City Commission meetings are to be a safe place for everyone involved, as such: -No clapping, cheering, or holding up of signs -Please refrain from swearing, name calling and/or making derogatory comments directed toward a person’s race, religion, nation of origin, etc. 5. Do not request or expect comment from the Commission. 6. Please turn OFF cellular phones. I. CALL TO ORDER II. MOMENT OF SILENCE III. PLEDGE OF ALLEGIANCE IV. ROLL CALL V. STAFF FACILITATION OF INTERACTIVE DISCUSSION VI. PUBLIC COMMENTS - The agenda provides for public comment on any other matters citizens may wish to bring to the attention of the City Commission. (Please limit comments to 3 minutes.) 1. Public Comments VII. APPROVAL OF MINUTES 1. City Commission - Regular Session - Mar 14, 2023 2:00 PM VIII. PETITIONS AND COMMUNICATIONS - Communications addressed to the City Commission are distributed to all members and are acknowledged for information, or are referred to a committee or staff for follow up. 1. Communication from Bill Wood regarding their resignation from the Vital Streets Oversight Commission 2. Communication from Camie Castaneda regarding their resignation from the Community Relations Commission 3. Communication from Brianna Forbes regarding their resignation from the North Quarter Corridor Improvement Authority 4. Communication received from Garfield Park Neighborhood Association's Safety Committee with ways to improve threats and concerns 5. Communication received from Mark Baker regarding light pollution 6. Communication received from Scott Atchison regarding the removal of logs at the Sixth Street dam IX. REPORTS OF CITY OFFICERS - The City Manager, City Attorney, City Clerk, City Treasurer, and City Comptroller may submit reports or information directly to the City Commission for consideration. 1. Warrant for 03/01/2023 thru 03/14/2023 2. Treasurer’s Report for Period of March 1, 2023 through March 14, 2023 3. Recommendation from the Public Safety Committee to schedule a public hearing on the potential acquisition of small Unmanned Aerial System technology, as required by Administrative Policy 15-03 “Acquisition and Use of Surveillance Equipment and Surveillance Services.” - Add-On X. CONSENT AGENDA AND REPORTS OF STANDING COMMITTEES: A. COMMITTEE ON APPOINTMENTS The Committee considers and makes recommendations on appointments to the City's various boards and commissions. 1. Resolution recognizing the appointment of Marshall Kilgore to the Vital Streets Oversight Commission 2. Resolution confirming the City Manager's appointment of Michael Bernier to the Grand Rapids Housing Commission 3. Resolution approving the City Commission's appointment of Rebecca Pobst to the Urban Forestry Committee B. FISCAL COMMITTEE The Committee considers and makes recommendations on matters referring to bids, claims, and other financial matters of the City . 1. Resolution authorizing conditional approval of tax exemption and payment in lieu of taxes (PILOT) – Eastpointe Commons I 2. Resolution authorizing conditional approval of tax exemption and payment in lieu of taxes (PILOT) – Eastpointe Commons II 3. Resolution authorizing payment to the Grand Rapids Community Foundation in the amount of $113,365.19 to the City of Grand Rapids Affordable Housing Fund 4. Resolution authorizing a Budget Substitution of $704,500 for Lagoon Improvements at the Lake Michigan Filtration Plant 5. Bid List Resolution for March 28, 2023 C. COMMUNITY DEVELOPMENT COMMITTEE The Committee considers and makes recommendations on matters concerning public service, public improvements, streets, traffic and public buildings. 1. Resolution approving a Fireworks Discharge Permit to FFP Effects, Inc. for indoor special effects at the Van Andel Arena in connection with the Morgan Wallen concert event on April 27, 2023 2. Resolution approving and authorizing execution of an Option to Purchase Agreement for the eventual acquisition of 4040 and 4044 Kalamazoo Avenue SE for $500,000 with total costs not to exceed $575,000 in order to expand future fire safety services to the residents of Grand Rapids 3. Resolution approving and authorizing execution of an Option to Purchase Agreement for the eventual acquisition of 960 Bristol Avenue NW for $315,000 with total costs not to exceed $340,000 in order to expand the City's green space inventory and potential future development opportunities 4. Resolution approving Grant Applications in the amount of $2,184,000 to the Michigan Department of Transportation to be matched with a City Share of $440,000 in connection with Preventative Maintenance of Various Bridges 5. Resolution approving a Construction Agreement and accepting a Public Utilities Easement for Bretonfield Preserve - Phase 6 6. Resolution accepting an easement and authorizing a payment of $310.00 for Sidewalk Improvements in Collindale Avenue from Lake Michigan Drive to Burritt Street 7. Resolution approving an increase with Bergmann Associates, Engineers, Architects and Surveyors P.C. for additional design services for the Relocation of City Services at 201 Market Ave in the amount of $2,152,900 with total authorized project expenditures not-to- exceed $2,906,236 D. COMMITTEE OF THE WHOLE The Committee considers all matters that are desired to be deliberated in committee by the full City Commission. Most ordinances and licensing matters are brought before this committee. 1. Resolution approving the request from HG Grand Rapids, JV dba Ink by Hudson for a New Class C liquor license to be located at 5500 44th St. SE, GRR International Airport, Post Security 2. Resolution recommending approval by the Michigan Liquor Control Commission of Social District Permit application pursuant to Public Act 124 of 2020 for Adams Mixology, LLC dba Drip Drop Cocktail Room located at 445 Bridge St NW, Unit 2. 3. Resolution approving an amendment to Industrial Facilities Exemption Certificate #2021- 029, pursuant to PA 198 of 1974, for Blackmer at 1809 Century Avenue SW 4. Recommendations of the Downtown Improvement District Board and Resolution to Set a Hearing for April 25, 2023 on the Necessity for Special Assessment Roll #8780 5. Resolution revising the existing Downtown Grand Rapids Social District to add four (4) locations to the commons area XI. ITEMS REMOVED FROM CONSENT XII. ORDINANCES TO BE ADOPTED 1. Ordinance amending Section 1 of the Budget Ordinance 2022-13 for Fiscal Year 2023 (Amendment No. 12) 2. Consideration of an ordinance rezoning 620, 640 & 644 Chestnut Street SW and 835 & 943 Godfrey Avenue SW to the TN-TCC (Traditional Neighborhood-Transitional City Center) Zone District 3. Consideration of a Major Amendment to a previously approved SD-PRD (Special District– Planned Redevelopment District) at 851 Leonard Street NW and 850 & 860 Courtney Street NW to facilitate construction of a 55 unit affordable senior housing development XIII. CITY COMMISSION RESOLUTIONS - Resolutions to be deliberated by the City Commission but which come directly to the City Commission rather than from one of the Standing Committees. 1. City Commission resolution authorizing entry of participation agreements in partial settlement of the National Prescription Opiate Litigation and entry of State local government intrastate agreement concerning allocation of settlement proceeds - Add-On XIV. PUBLIC HEARINGS - Public hearings are scheduled to allow citizens to speak on subjects which will be before the City Commission for action at a future date. Speakers may address the Commission once on each hearing. 1. Public hearing on funding recommendations totaling $8,494,574 for activities supporting the FY 2024 Neighborhood Investment Plan and HOME-ARP Allocation Plan 2. Public Hearing on Programmatic Agreements with the Michigan State Historic Preservation Officer 3. Public Hearing to consider a Revised Brownfield Plan Amendment for the $14.3 million Dwelling Place Regional Community Land Trust redevelopment project at 637 Winchell Street SE XV. COMMENTS BY COMMISSIONERS XVI. ADJOURNMENT CITY COMMISSION GLOSSARY OF TERMS TERM DEFINITION Adjournment To close the meeting. Adopt To accept or approve; i.e., an ordinance, a resolution, a motion, etc. Amend To modify; i.e., an ordinance, a resolution, a motion, etc. Call to Order Formal opening of a meeting. City Charter Legal document establishing a municipality (city). City Commission Local form of government consisting of the Mayor and six Commissioners. City Officers Includes: Mayor, President of the City Commission, City Manager, City Attorney, City Treasurer, and City Clerk. Consent Agenda Matters listed as Consent Agenda items are considered to be routine or matters of unanimous consent by the City Commission. There will be no separate discussion of these matters, and they will be enacted by one motion. Executive Session A meeting in which the proceedings are of a confidential nature. Only members and invited guests may attend, and all are honor-bound to maintain confidentiality. Motion A proposal that the Commissioners take a specific action or stand on an item being presented to the City Commission. Ordinance A piece of legislation enacted by a municipal authority. Postpone A motion to postpone is made if the City Commission needs more time to make a decision. A postponement cannot go beyond the next session. Quorum Number of voting members who must be present in order that business can be legally transacted. Recess Short intermission within a meeting. Recognize / Obtain the Floor Acknowledgement by the presiding officer of the City Commission that a member has the right to address the assembly. Rescind (Repeal) Allows the City Commission to repeal an action previously taken; i.e., ordinances, etc. Resolution A decision by the City Commission to do or not to do something. Robert’s Rules of Order A guide to fair and orderly meeting procedures. Suspend the Rules This motion is used when the City Commission wants to do something that violates its own rules. The motion does not apply to an organization’s bylaws, local, state, or national law; or fundamental principles of parlia-mentary law. An appropriate suspension of the rules, used on occasion by the City Commission, would be a motion to change the agenda. Table, Lay on the This motion puts aside an item, and everything adhering to it, currently being presented to the City Commission. The item remains “on the table” until taken off. Table, Take (Remove) from the The motion to Take from the Table is used when the City Commission wants to continue considering a motion that was Laid on the Table earlier in the present session or in the previous session of the City Commission. When a motion is Taken from the Table, it has everything adhering to it exactly as it was when it was Laid on the Table. Revised: 06-30-2014 Source(s): Robert’s Rules of Order City Commission Standing Rules CITY OF GRAND RAPIDS COMMISSIONERS Jon O’Connor joconnor@grcity.us 616-456-3035 First Ward Drew Robbins drobbins@grcity.us 616-456-3035 Milinda Ysasi mysasi@grcity.us 616-456-3035 Second Ward Lisa Knight lknight@grcity.us 616-456-3035 Nathaniel Moody nmoody@grcity.us 616-456-3035 Third Ward Kelsey Perdue kperdue@grcity.us 616-456-3035 Revised: 01-07-2023