City Commission - Regular Session

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, June 13, 2023 CALL TO ORDER Commission was called to order by Mayor Rosalynn Bliss at 5:33 PM ROLL CALL Present: Mayor Bliss, Commissioner O’Connor, Commissioner Ysasi, Commissioner Moody, Commissioner Perdue, Commissioner Knight Absent: Commissioner Robbins (Excused) The roll was called by the City Clerk. APPROVAL OF MINUTES On the motion of Com. Jon O’Connor, supported by Com. Kelsey Perdue, the reading of the minutes of the Regular Session of May 23, 2023 was waived and said minutes were Accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92624 Result: Received and Filed. Communication from Johnny Brann Jr., President of the West Leonard Downtown District Board (WLBA), regarding support for Police Drones. 92625 Result: Received and Filed. Communication from Dave Shaffer, President of the West Side Corridor Improvement Authority Board, regarding support for Police Drones. 92626 Result: Received and Filed. Communication from Josh Coulter regarding their resignation from the West Michigan Regional Planning Commission. 92627 Result: Received and Filed. Communication received from Mark Baker, President of Soft Lights Foundation, regarding street lights. 1  JUNE 13, 2023 CITY COMMISSION 2 92628 Result: Received and Filed. Communications (3) received regarding the Property Maintenance Code. REPORTS OF CITY OFFICERS 92629 Result: Received and Filed. Comptroller’s report for the period of May 10, 2023, through May 30, 2023 in the amount of $29,632,585.76. 92630 Result: Received and Filed. Treasurer’s report for the period of May 19, 2023 through June 2, 2023. CONSENT AGENDA A. CONSENT AGENDA 92631 Result: Adopted. Mover: O’Connor. Supporter: Perdue. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 92632 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED, that the City Commission’s appointment of Marshall Kilgore to the Urban Agriculture Committee for the remainder of a two-year term ending January 6, 2025, be approved. 92633 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED, that the City Commission’s appointment of Muriel Lutes to the Urban Agriculture Committee for the remainder of a three-year term ending January 6, 2025, be approved. 92634 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED, that the City Commission’s appointment of Jim Davis to the Public Safety Committee for the remainder of a one-year term ending December 31, 2023, be approved. 92635 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED, that Mayor Bliss’ appointment of Jannan Cotto to the Community Relations Commission for the remainder of a three-year term  3 CITY COMMISSION JUNE 13, 2023 ending January 5, 2026, be confirmed. C. FISCAL COMMITTEE 92636 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The Mobile GR Department was awarded federal grant funding from the Michigan Department of Transportation for services for the following project: Eastern Ave Safety Projects; and 2. It is necessary to fund the project budgets by transferring a previously approved budget amount of $160,000 between the Vital Streets Safety Project – Var Locations and Vital Streets Traffic Signal Capital Replacement project accounts to properly fund the local match requirements; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $160,000 for the Eastern Ave Safety Projects be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 92637 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED, that the Risk Manager is authorized to execute agreements with the following insurance carriers in a form to be approved by the City Attorney, and the City Comptroller is authorized and directed to pay the following insurance premiums for the period of July 1, 2023, to June 30, 2024, in an amount not to exceed $2,919,271.00: Payable to: Arthur J. Gallagher Risk Management Services for the following policies: Founders Insurance Company (liquor liability) $1,202.00 Hanover Insurance Group (government crime) $10,873.00 Chubb (property) $1,429,328.00 Ironshore (pollution liability) $126,319.00 Midwest Employers Casualty Co. (excess workers’ comp. insurance) $170,948.00 Western World Insurance Company (special events) $1,200.00 Payable to: Michigan Municipal Risk Management Authority (excess liability) $1,108,248.00  JUNE 13, 2023 CITY COMMISSION 4 Payable to: CompOne Administrators (workers’ comp. third party administrator) $71,153.00 92638 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The State of Michigan Public Act 53 allocated an additional $20 million of federal American Rescue Plan Act funds to the Drinking Water Asset Management Program; and 2. The City of Grand Rapids is eligible for reimbursement in the amount not exceeding $196,453.10 for costs associated with the distribution system material inventory process; therefore RESOLVED that the City Commission authorizes the City of Grand Rapids to enter into an agreement with the Michigan Department of Environment, Great Lakes, and Energy, and the Mayor and City Clerk are authorized to execute the contract for and on behalf of the City in a form approved by the City Attorney. 92639 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. Consumers Energy offers an Emergency with Generator Commercial and Industrial Demand Response Program to customers with an energy demand greater than 100 kilowatts; and 2. Participation will assist in reducing peak loads on the electrical distribution system during peak demand, and participants will receive monetary incentives; therefore RESOLVED: 1. That the Emergency with Generator Commercial and Industrial Demand Response Program agreement with Consumers Energy is hereby approved; and 2. The term of the agreement is for two-years, and 3. That the Mayor is authorized to execute the agreement on behalf of the City in a form to be approved by the City Attorney.  5 CITY COMMISSION JUNE 13, 2023 92640 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That an Agreement is approved between the City and Flite Golf, LLC for a feasibility assessment of Indian Trials Golf Course; and 2. That the Agreement is for a not to exceed amount of $50,000; and 3. That the Mayor is authorized to execute the agreement on behalf of the City in a form to be approved by the City Attorney. 92641 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That the City is authorized to enter into an agreement between Safe Haven Ministries and the City of Grand Rapids for Participatory Budgeting Community Reading Initiative services in a total amount not to exceed $50,000; and 2. That the Participatory Budgeting Community Reading Initiative services are to serve the First Ward community; and 3. That the Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the City, in a form approved by the City Attorney. 92642 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That the City is authorized to enter into an agreement for Participatory Budgeting Community Democracy Skills services between Dwelling Place NPHC and the City of Grand Rapids for a total not to exceed $80,000; and 2. That the Participatory Budgeting Community Democracy Skills services are to serve the First Ward community; and 3. That the Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the City, in a form approved by the City Attorney. 92643 Result: Adopted. Mover: O’Connor. Supporter: Perdue.  JUNE 13, 2023 CITY COMMISSION 6 WHEREAS: 1. The completion of the Climate Action and Adaptation Plan (CAAP) is one of the City’s strategies in the Strategic Plan; and 2. The City will complete a climate risk and vulnerability assessment as a component of the CAAP; therefore RESOLVED: 1. That a contract with ICLEI Local Government for Sustainability for the completion of a communitywide climate risk and vulnerability assessment and final report is approved; and 2. That the total cost of this work will not exceed $33,000; and 3. That the City’s cost will not exceed $15,000 and the U.S. Green Building Council of West Michigan will pay the remaining $18,000 as part of its management of the E.H.Zero program; and 4. That the Mayor and City Clerk are hereby authorized to execute said agreement and related documents upon approval as to form by the City Attorney. 92644 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. On May 9, 2023 (Proceeding No. 92555), the City Commission approved awarding a contract to Newkirk Electrical Associates, Inc. dba Lakeland Electrical Services and authorized expenditures in connection with the project Replacement of the Motor Control Center at the North Primary Control Building. 2. It is necessary to supplement the project budget for Replacement of the Motor Control Center at the North Primary Control Building by transferring previously approved budget amounts of $305,885 from the Sewer System Fund Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $305,885 for Replacement of the Motor Control Center at the North Primary Control Building be approved and the Budget Office is authorized to execute the  7 CITY COMMISSION JUNE 13, 2023 transfer on behalf of the City. 92645 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. On February 21, 2023 (Proceeding No. 92359), the City Commission approved awarding a contract to Wyoming Excavators, Inc. and authorized expenditures in connection with the project Reconstruction of Burton Street Alley from Marshall Avenue Alley to Marshall Avenue and Marshall Avenue Alley from Merritt Street to Burton Street Alley. 2. It is necessary to supplement the project budget for Reconstruction of Burton Street Alley from Marshall Avenue Alley to Marshall Avenue and Marshall Avenue Alley from Merritt Street to Burton Street Alley by transferring previously approved budget amounts of $206,739 from Capital Improvement Fund project accounts; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $206,739 for Reconstruction of Burton Street Alley from Marshall Avenue Alley to Marshall Avenue and Marshall Avenue Alley from Merritt Street to Burton Street Alley be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 92646 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. On September 6, 2022 (Proceeding No. 91992), the City Commission approved awarding a contract to Diversco Construction Company Inc. and authorized expenditures in connection with the project Reconstruction of and Water Main in the Ottawa Avenue/Coldbrook Street/Monroe Avenue Intersection (Decommissioning of Coldbrook Pumping Station). 2. It is necessary to supplement the project budget for Reconstruction of and Water Main in the Ottawa Avenue/Coldbrook Street/Monroe Avenue Intersection (Decommissioning of Coldbrook Pumping Station) by transferring previously approved budget amounts of $41,000 from the Sewer System Fund Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $41,000 for  JUNE 13, 2023 CITY COMMISSION 8 Reconstruction of and Water Main in the Ottawa Avenue/Coldbrook Street/Monroe Avenue Intersection (Decommissioning of Coldbrook Pumping Station) be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 92647 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. On September 6, 2022 (Proceeding No. 91993), the City Commission approved tentatively awarding a contract to Diversco Construction Company, Inc. and authorized expenditures in connection with the project Reconstruction of Jackson Street from Valley Avenue to Garfield Avenue and Jackson Street from Lane Avenue to Jackson Place. 2. It is necessary to supplement the project budget for Reconstruction of Jackson Street from Valley Avenue to Garfield Avenue and Jackson Street from Lane Avenue to Jackson Place by transferring previously approved budget amounts of $47,150 from the Water System Fund Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $47,150 for Reconstruction of Jackson Street from Valley Avenue to Garfield Avenue and Jackson Street from Lane Avenue to Jackson Place be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 92648 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. On April 11, 2023 (Proceeding No. 92483), the City Commission approved an agreement with the Michigan Department of Transportation, approving a cost sharing agreement with the City of East Grand Rapids, and authorizing expenditures in connection with the project Reconstruction of Robinson Road from Lake Dr. to 135 Ft. E. of Woodmere Ave and Rotomill/Resurfacing of Robinson Road from 135 Ft. E. of Woodmere Ave to Plymouth Ave. 2. It is necessary to supplement the project budget for Reconstruction of Robinson Road from Lake Dr. to 135 Ft. E. of Woodmere Ave and Rotomill/Resurfacing of Robinson Road from 135 Ft. E. of Woodmere Ave to Plymouth Ave by transferring previously approved budget amounts of  9 CITY COMMISSION JUNE 13, 2023 $40,105 from the Water System Fund Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $40,105 for Reconstruction of Robinson Road from Lake Dr. to 135 Ft. E. of Woodmere Ave and Rotomill/Resurfacing of Robinson Road from 135 Ft. E. of Woodmere Ave to Plymouth Ave be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 92649 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. On July 12, 2022 (Proceeding No. 91857), the City Commission approved tentatively awarding a contract to Dykema Excavators, Inc. and authorizing expenditures in connection with the project Reconstruction of Plainfield Avenue from Marywood Drive to Ellsmere Street. 2. It is necessary to supplement the project budget for Reconstruction of Plainfield Avenue from Marywood Drive to Ellsmere Street by transferring previously approved budget amounts of $474,700 from the Water System Fund Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $474,700 for Reconstruction of Plainfield Avenue from Marywood Drive to Ellsmere Street be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 92650 Result: Adopted. Mover: O’Connor. Supporter: Perdue. 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. Kemira Water Solutions One-year term contract with two, one-year renewal options for the “as needed” purchase and delivery of ferrous chloride from Kemira Water Solutions for the Environmental Services Department for the annual “not-  JUNE 13, 2023 CITY COMMISSION 10 to-exceed” amount of $150,000.00; the estimated 3-year total amount is $450,000.00. 2. Brightly Software, Inc. One-year term contract with two, one-year renewal options for the furnishing and installation of a parks maintenance and work order software subscription for the Parks Department from Brightly Software, Inc. for the annual not-to-exceed amounts as follows: Year 1 $33,325.11 subscription services $36,178.85 professional and implementation services+travel costs Year 2 $42,251.01 subscription services Year 3 $44,786.08 subscription services This project will be funded by the Parks Department through the Parks and Recreation Fund. The requested not-to-exceed annual amount for the first year includes an estimated $6,000 for travel costs related to implementation of the solution. 3. ArchiveSocial, Inc. One-year term contract with two, one-year renewal options for continued licensing and support for the Communications Office from ArchiveSocial, Inc. for the first-year annual amount of $14,388.00. Renewals for additional contract years for continued software support will be processed per the costs received from ArchiveSocial; at this time the estimated three-year total amount is $43,164.00. 4. Meltwater One-year term contract with two, one-year renewal options for continued licensing and support for the Communications Office from Meltwater for the first-year annual amount of $12,800.00. Renewals for additional contract years for continued support will be processed as per the costs received from Meltwater; at this time the estimated three-year total amount is $38,400.00. 5. Lacal Equipment Inc. MacQueen Equipment, LLC One-year term contract with two, one-year renewal options for the as- needed purchase of Original Equipment Manufacturer (O.E.M.) Elgin sweeper parts for Fleet Management from Lacal Equipment Inc. for an annual “not-to-exceed” amount of $55,000.00 (estimated three-year total of $165,000.00); and for the purchase of O.E.M. Elgin sweeper parts and maintenance services from MacQueen Equipment LLC (dba Bell Equipment Company) for an annual “not-to-exceed” amount of $30,000.00 (estimated three-year total of $90,000.00).  11 CITY COMMISSION JUNE 13, 2023 6. Aves Films DropDrop One-year term contract with two, one-year renewal options for video production services for Mobile GR from Aves Films for an annual “not-to- exceed” amount of $57,000.00, and from DropDrop for an annual “not-to- exceed” amount of $57,000.00; the estimated three-year total amount for both contracts is $342,000.00. The total annual amount requested is based on anticipated usage by the City; in order to provide the best value to the City, it is expected that the contract amounts may be adjusted based on actual usage but will not exceed the annual “not-to-exceed” amount approved. 7. Josh Leffingwell, LLC One-year term contract with two, one-year renewal options for election communications and marketing services for the City Clerk’s Office from Josh Leffingwell, LLC (dba Well Design Studio) for the annual “not-to- exceed” amount of $40,000.00; the estimated three-year total is $120,000.00. 8. Innovation Emergency Management Agreement for development of a Threat and Hazard Identification Risk Assessment (THIRA) for the Fire Department from Innovation Emergency Management (IEM) for a “not-to-exceed” amount of $131,212.00. 9. Corby Energy Services, Inc Increase to the annual not-to-exceed contract amount with Corby Energy by $500,000.00 for the remaining periods of the Contract, for a new annual not-to-exceed amount of $1,475,000.00, for cured-in-place (CIPP) lining services for storm and sanitary sewer lines for the Environmental Services Department (ESD). 10. Graybar Electric Purchase of Dimonoff equipment and services for smart city lighting control system for the Energy, Lighting and Communication (ELC) department from Graybar Electric for the amount of $1,581,478.00, with a 10% contingency amount of $158,148.00, for a total “not-to-exceed” amount of $1,739,626.00; the contingency is requested for any additional equipment/goods that may be required due to any issues that may arise during installation. FURTHER RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors: 11. Kiesler Police Supply Purchase of Original Equipment Manufacturer (O.E.M.) personal protective equipment for the Grand Rapids Police Department from Kiesler Police  JUNE 13, 2023 CITY COMMISSION 12 Supply for the total amount of $82,807.36. 12. All Safe Industries Purchase and delivery of RKI gas monitors and accessories for the Fire Department from All Safe Industries for the total amount of $67,616.86. 13. Kronos, Inc. One-year term contract with two, one-year renewal options for continued Telestaff software support services for the Fire Department from Kronos Inc. for the first-year annual amount of $24,804.00; renewals for additional contract years for continued software support will be processed per the costs received from Kronos. 14. LaFontaine DCJR of Lansing Inc. Cooperative purchase through the State of Michigan MiDEAL Contract #071B7700183 for the purchase of a 2023 Chrysler Pacifica hybrid vehicle for the Fleet Management Department from LaFontaine DCJR of Lansing Inc for the total amount of $40,610.00. D. COMMUNITY DEVELOPMENT COMMITTEE 92651 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED that the request to grant Arthur Rozzi Pyrotechnics, Inc. a Fireworks Discharge Permit to be used in conjunction with the GR Family Fireworks at the Gillette Bridge on Saturday, July 1, 2023 is approved, pending an inspection by the Fire Department. 92652 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED that the request to grant Pyrotek Special Effects, Inc. a Fireworks Discharge Permit to be used in conjunction with the Upheaval Music Festival at 30 Coldbrook St. NE on July 14, 2023, is approved, pending an inspection by the Fire Department. 92653 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That the City Commission hereby authorizes the City Manager, or designee, to submit a Michigan Spark Grants application to the Michigan Department of Natural Resources requesting $1,000,000 for improvements to the playground, fitness loop, and parking lot at Martin Luther King Park, and to provide any additional information that may be required with respect to the  13 CITY COMMISSION JUNE 13, 2023 project; and 2. That, contingent upon execution of an agreement with the Michigan Department of Natural Resources, the City will provide matching funds to the Martin Luther King Park project in the amount of $1,500,000 (60%), for an estimated total eligible project cost of $2,500,000 with source of said matching funds to be City Capital Improvement Fund during fiscal years 2020 and 2021 and Parks Millage during fiscal years 2023, 2024 and 2025. 92654 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The City Commission, after due and legal notice to all interested parties, has duly met as a Board of Review for the purpose of reviewing Uptown Business Improvement District Special Assessment Roll Number 8778 prepared by the City Assessor; and 2. Uptown Business Improvement District Special Assessment Roll Number 8778 has been open to review before the City Assessor for the length of time required by Chapter 10 of the Ordinance Code of the City of Grand Rapids, the Charter of the City of Grand Rapids, and the laws of the State; and 3. The City Commission, acting as such Board of Review, has given opportunity to all persons interested in and affected by said Uptown Business Improvement District Special Assessment Roll Number 8778 to appear before said Board of Review, has carefully considered all objections and appeals made thereto; and 4. The City Commission is of the opinion that Uptown Business Improvement District Special Assessment Roll Number 8778, is in all respects fair, just and equitable; therefore RESOLVED: 1. The City Commission, sitting as a Board of Review, is satisfied with Uptown Business Improvement District Special Assessment Roll Number 8778, is of the opinion that said Uptown Business Improvement District Special Assessment Roll Number 8778 results in the assessments being levied in accordance with the benefits to be derived by such public improvements, and has caused and does hereby cause such determination to be entered upon its minutes; and  JUNE 13, 2023 CITY COMMISSION 14 2. Uptown Business Improvement District Special Assessment Roll Number 8778, as prepared by the City Assessor and as reviewed by the City Commission, acting as a Board of Review, is hereby ratified and confirmed; and 3. Uptown Business Improvement District Special Assessment Roll Number 8778, with a certified copy of this resolution attached to it, shall be delivered by the City Clerk to the City Treasurer, with the warrant signed by the Mayor, commanding the City Treasurer to collect all special assessments and fees, interest and penalties thereon in a manner required by Chapter 10 of the City Ordinance Code; and 4. Said Uptown Business Improvement District Special Assessment Roll Number 8778 shall be billed on July 1, 2023 with the 2023 summer real property tax bills. The bills shall be due on August 1, 2023. In the event that any assessment shall not be paid by the due date, the assessment shall remain a lien upon said property and penalties shall thereafter be charged and added to said past due assessment as prescribed by state law. The entire assessment may be paid on or before August 1, 2023 without penalty. 92655 Result: Adopted. Mover: O’Connor. Supporter: Perdue. 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 July 11, 2023.  15 CITY COMMISSION JUNE 13, 2023 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: Section 1. That Map 37 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to rezone 700 Martin Luther King Jr St SW from SD-IT (Special Districts-Industrial Transportation) to TN-TCC (Traditional Neighborhood-Transitional City Center). The properties are described as follows: 700 Martin Luther King Jr St SW / Parcel 41-13-36-151-015 Parcel A Part of the Northwest ¼ of Section 36, Town 7 North, Range 12 West, City of Grand Rapids, Kent County, Michigan, described as: Beginning at the intersection of the East-West ¼ 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 ¼ corner of said Section 36; thence North 88 degrees 03 minutes 52 seconds West 15.59 feet along said East-West ¼ line; thence North 17 degrees 47 minutes 14 seconds East 684.10 feet along a line which is 15.0 feet west of (perpendicular measure) said West line; thence South 00 degrees 08 minutes 58 seconds West 49.51 feet; thence South 17 degrees 47 minutes 14 seconds West 632.66 feet along said West line to the point of beginning. Parcel B Part of the Southwest ¼ of Section 36, Town 7 North, Range 12 West, City of Grand Rapids, Kent County, Michigan, described as: Beginning at the intersection of the East-West ¼ 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 ¼ corner of said Section 36; thence South 17 degrees 47 minutes 14 seconds West 343.30 feet along said West line; thence North 88 degrees 03 minutes 52 seconds West 25.99 feet; thence North 17 degrees 47 minutes 14 seconds East 343.30 feet along a line which is 25.0 feet West of (perpendicular measure) said West line; thence South 88 degrees 03 minutes 52 seconds East 25.99 feet along said East-West ¼ line to the point of beginning. 92656 Result: Adopted. Mover: O’Connor. Supporter: Perdue.  JUNE 13, 2023 CITY COMMISSION 16 WHEREAS: 1. A mixed-use office and residential development is proposed south of Wealthy Street between Lafayette and Prospect Avenues, and 2. To facilitate the development, Wealthy Prospect, LLC (Ryan Schmidt) has requested approval to rezone 412 Lafayette Avenue SE and a portion of 415 Prospect Avenue SE from the TN-LDR (Traditional Neighborhood Low-Density Residential) Zone District to the TN-TBA (Traditional Neighborhood-Traditional Business Area) Zone District, and 3. Approval is also requested to rezone a portion of 409 Prospect Avenue SE from TN-TBA Zone District to the TN-LDR 4. The Planning Commission considered the rezoning request at a public hearing held on May 11, 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 38 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 July 11, 2023. AN ORDINANCE TO AMEND MAP 38 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS, THE ZONING ORDINANCE ORDINANCE NO. 2023 - ____ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Map 38 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to rezone 412 Lafayette Avenue SE and the western portion of 415 Prospect Avenue SE from TN-LDR (Traditional Neighborhood–Low Density Residential) to TN-TBA (Traditional Neighborhood–Traditional Business Area), and the southeastern portion of 409 Prospect Avenue SE from TN-TBA to TN-LDR. The properties are described as follows:  17 CITY COMMISSION JUNE 13, 2023 412 Lafayette Avenue SE / 41-14-31-128-003 and 415 Prospect Avenue SE / 41-14-31-128-016 Lot 1 and Part of Lots 3, 4 and 22, Block 2 of J. PENNEY'S ADDITION TO THE CITY OF GRAND RAPIDS, according to the plat thereof recorded in Liber 5 of Plats, page 33, Kent County Records, more particularly described as: Commencing at the Northeast corner of Lot 1 of said Block 2; thence S00°39'56"W 104.58 feet along the East line of Lots 1, 2 and 3 of said Block 2 to the South line of the North 6 feet of said Lot 3; thence N87°10'55"W 87.65 feet along said South line to the PLACE OF BEGINNING of this description; thence S02°49'23"W 80.07 feet to the South line of the North 36 feet, 8.5 inches of said Lot 4; thence N87°10'55"W 54.20 feet along said South line to the West line of said Lot 4; thence N00°37'26"E 45.45 feet along the West line of said Lots 3 and 4 to the South line of the North 40.5 feet of said Lot 22; thence N87°10'55"W 145.30 feet along said South line to the West line of said Lot 22 thence N00°31'06"E 40.69 feet along the West line of said Lot 22 to the Northwest corner of said Lot 22; thence S87°10'55"E 145.38 feet along the North line of said Lot 22 to the Northeast corner of said Lot 22; thence S00°37'26"W 6.00 feet along the East line of said Lot 22; thence S87°10'55"E 57.28 feet along the South line of the North 6 feet of said Lot 3 to the Place of Beginning. 409 Prospect Avenue SE / 41-14-31-128-026 Part of Lots 2 and 3, Block 2 of J. PENNEY'S ADDITION TO THE CITY OF GRAND RAPIDS, according to the plat thereof recorded in Liber 5 of Plats, page 33, Kent County Records, more particularly described as: Commencing at the Northeast corner of Lot 1 of said Block 2; thence S00°39'56"W 65.55 feet along the East line of Lots 1 and 2 of said Block 2 to the PLACE OF BEGINNING of this description; thence S00°39'56"W 39.03 feet along the East line of said Lots 3 and 4 to the South line of the North 6 feet of said Lot 3; thence N87°10'55"W 87.65 feet along said South line; thence N02°49'23"E 39.01 feet; thence S87°10'37"E 86.18 feet to the Place of Beginning. 92657 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. On July 26, 2016, the City Commission rezoned 2682 Breton Road NE from SD-NOS (Special District-Neighborhood Office Service) to MON-C (Modern Neighborhood-Commercial) with a conditional rezoning agreement; and 2. The conditional rezoning was requested to facilitate the combination of the subject property with the Berger Chevrolet dealership property at 2525 28 th Street SE to replace greenspace lost upon paving for additional inventory  JUNE 13, 2023 CITY COMMISSION 18 storage on the main dealership property; and 3. A new conditional rezoning agreement is now requested to facilitate the expansion of the parts warehouse on the main Berger Chevrolet dealership site onto the property that is subject to the conditional rezoning agreement; and 4. The new conditional rezoning agreement, voluntarily offered by the applicant, would restrict use of the property to the parts warehouse as proposed, along with employee parking; and 5. The Planning Commission considered the conditional rezoning request at a public hearing held on May 11, 2023, and unanimously recommended approval of the request; therefore RESOLVED: 1. That the following amendment to Map 52 of Chapter 61 of Title V of the Code of the City of Grand Rapids be published as part of the proceedings; and 2. That the amendment be considered for adoption by the City Commission at its meeting of July 11, 2023. AN ORDINANCE TO AMEND MAP 52 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 portion of 2525 28th Street SE (formerly 2682 Breton Road SE) located on Map 52 of Chapter 61 of Title V of the City Code of Grand Rapids be rezoned from SD-NOS (Special District-Neighborhood Office Service) to MON-C-A (Modern Neighborhood-Mixed Density Residential) with a Conditional Rezoning Agreement to facilitate the construction of a parts warehouse and office and employee parking. The property is described as follows: Part of the West half of the Southwest quarter of Section 10, Town 6 North, Range 11 West, Kent County, Michigan described as: Commencing on the West line of said Section 742.51 feet North of the Southwest corner thereof; thence North on said Section line 108.72 feet; thence East perpendicular to  19 CITY COMMISSION JUNE 13, 2023 said Section line 258 feet; thence South parallel with said Section line 108.72 feet; thence West 258 feet to Beginning; except the West 48.0 feet thereof. 92658 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, it is necessary to approve a Construction Agreement, and accept a Public Utilities Easement for the construction of public sanitary sewer and water main facilities in connection with Sanitary Sewer and Water Main in Fireside Drive and Ambrosia Drive (Jason Ridge West - Phase 1); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids, the City of Walker and Jason Ridge Investors, LLC 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: Jason Ridge Investors, LLC $1.00 17777 R W Berends Drive SW Wyoming, MI 49519 71 Sunset Hills Avenue SW, Parcel No. 41-13-29-326-009 Total of Easement Area: 16,793 Square Feet 3. That the City Clerk is hereby authorized and directed to record the aforesaid Easement with the Kent County Register of Deeds. 92659 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, it is necessary to approve a Release of Easement related to the construction of public sanitary sewer and water main facilities in connection with Winchester Woods – Phase 2; therefore RESOLVED: 1. That the aforesaid Release of Easement be approved to the following property owner and/or its successor(s) in interest at the following property for nominal consideration of One Dollar ($1.00):  JUNE 13, 2023 CITY COMMISSION 20 City of Walker 4243 Remembrance Road NW Walker, MI 49544 2. That the Mayor is hereby authorized to execute the aforesaid Release of Easement on behalf of the City contingent upon approval as to form by the City Attorney; and 3. That the City Clerk is hereby authorized to record the aforesaid Release of Easement with the Kent County Register of Deeds. 92660 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. Bids were received on June 1, 2023 for the project: Façade Repairs and Improvements at the Lake Michigan Filtration Plant (the “Project”); and 2. All bids exceeded the engineer’s estimate by 50%-70% or more; therefore RESOLVED: 1. That the bids received on June 1, 2023 for this Project be rejected. 92661 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, bids were received on May 25, 2023 for the following project: Improvements to Breton-Burton Drain (Mission Hills, Capilano, and Southwest Branches) (hereinafter referred to as the “Project”) and Montgomery Excavating LLC submitted a bid of $821,774 for which the engineer’s estimate, prepared by Hubbell, Roth, and Clark, Inc. (HRC), is $654,705; therefore RESOLVED: 1. That the bid of Montgomery Excavating LLC 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.  21 CITY COMMISSION JUNE 13, 2023 2. That total expenditures for the Project be authorized in an amount not to exceed $1,134,719 which includes the costs of the construction contract, previously authorized design phase services by HRC, construction phase services including inspection by HRC, testing/permits, previously authorized easement acquisition/legal fees, administration, and contingencies. Said amount of $1,134,719 to be charged to the applicable Capital Improvement Fund (Stormwater) codes. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. E. COMMITTEE OF THE WHOLE 92662 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, 1. Cornerstone Investment Group, Inc. (Jay Johnson) is requesting approval of Zoning Ordinance Text Amendments to Sections 5.6.08. Building Element Requirements; 5.8.02. Downtown Height Overlay District; 5.8.03. Grand River Overlay District., and 5.16.02. Definitions; and 2. The amendments are intended to allow additional building height by right in the TN-TCC (Traditional Neighborhood-Transitional City Center) and TN-CC (Traditional Neighborhood-City Center) Zone Districts, and in order to encourage public access to and along the Grand River, height bonuses in those districts will be offered only for properties located within the Grand River Overlay District; and 3. The Planning Commission recommended approval of the text amendments after holding a public hearing on May 25, 2023, at which time all interested persons had an opportunity to be heard; therefore RESOLVED: 1. That the attached ordinance amending Sections 5.6.08. Building Element Requirements, 5.8.02. Downtown Height Overlay District, 5.8.03. Grand River Overlay District, and 5.16.02. Definitions, of Chapter 61, Title V of the Code of the City of Grand Rapids entitled “Zoning Ordinance” be published as a part of the proceedings; and 2. That pursuant to Title V, Section 10(b) [Compiler’s Paragraph 60(b)] of the City Charter, the City Clerk shall publish the attached summary of the ordinance in a newspaper of general circulation in the City; and  JUNE 13, 2023 CITY COMMISSION 22 3. That the proposed amendment be considered for adoption by the City Commission at its meeting on July 11, 2023. ORDINANCE AMENDING SECTIONS 5.6.08. BUILDING ELEMENT REQUIREMENTS, 5.8.02. DOWNTOWN HEIGHT OVERLAY DISTRICT, 5.8.03. GRAND RIVER OVERLAY DISTRICT, AND 5.16.02. DEFINITIONS, OF CHAPTER 61, TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING ORDINANCE” ORDINANCE NO. 2023-__ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Title V, Chapter 61, Table 5.6.08.A. of Section 5.6.08. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.6.08. Building Element Requirements. Table 5.6.08.A. Building Elements: Mixed-Use Commercial Zone Districts Neighborhood TN MCN MON Other Classification NOS Regulations Zone District CC TCC TBA TOD C TOD C TOD Height (stories) Minimum 5.6.08.B. 3 2 2 2 - - - - - required 5.2.06. Maximum, See 5.6.08.B. 5 4 3 3 4 3 4 2.5 permitted text 5.8.02.D. “Maximum, See See 5.6.08.B. - 7 6 7 6 8 - with bonuses text text 5.8.03.E.” Materials ✓ ✓ ✓ ✓ ✓ ✓ - ✓ - 5.6.08.C. Façade, preservation ✓ ✓ ✓ ✓ - ✓ - ✓ - 5.6.08.D. and variation Building ✓ ✓ ✓ ✓ ✓ ✓ - ✓ - 5.6.08.E. orientation Entrance ✓ ✓ ✓ ✓ ✓ ✓ - ✓ ✓ 5.6.08.F. Expression line ✓ ✓ ✓ ✓ - ✓ - ✓ - 5.6.08.G. Minimum transparency (% of building wall area) Ground-floor, non- 5.6.08.H. residential 60% 60% 60% 60% 40% 60% 30% 60% 30% 5.2.14. building façade Upper floors, building sides and 30% 30% 30% 30% 20% 30% 15% 30% 30% residential uses  23 CITY COMMISSION JUNE 13, 2023 5.6.08.I. “Building step- 5.8.02.D. back ✓ ✓ - ✓ - ✓ - ✓ - 5.8.03.E. feature 5.8.07.D.” Streetscape 5.6.08.J. ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ design 5.11.13. P = Permitted; S = Special Land Use; ✓ = Rules Apply; "-" = Not Applicable. Section 2. That Title V, Chapter 61, Subsection B.1.a. of Section 5.6.08. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.6.08. Building Element Requirements. B. Building Height. 1. Height Limitations. a. “Height requirements, including bonus height provisions, are subject to the provisions of Section 5.8.02. Downtown Height Overlay District (OD-DH) and Section 5.8.03. Grand River Overlay District (OD-GR), where applicable.” Section 3. That Title V, Chapter 61, Table 5.6.08.B.3. of Section 5.6.08. of the Code of the City of Grand Rapids be amended in its entirety to read as follows: Sec. 5.6.08. Building Element Requirements. “Table 5.6.08.B.3. Bonus Table Activity/Facility District Activity Bonus Bonus Provided Urban Open 25% 1 story Minimum site Space TOD, C area 50% 2 stories (5.6.08.B.2.a.) Minimum lot area/dwelling unit may be reduced by up to 500 sq. Mixed-Income TBA, TOD, C # of units ft. per unit for providing a mix of Housing affordable and market rate (5.6.08.B.2.b.) Mix of affordable and market TOD, C 1 story rate dwelling units Transit station along the Transit Station assigned Bus Rapid Transit TOD, PRD 3 stories (5.6.08.B.2.c.) (BRT) route as approved by The Rapid Micro-Unit TBA, TOD, C Minimum lot area per dwelling unit waived (5.6.08.B.2.d) Minimum lot area/dwelling unit Affordable # of units (See Sec. 5.8.08.2.e.i) Housing TBA, TOD, C Minimum lot area/dwelling unit (5.6.08.B.2.e) # of units (See Sec. 5.8.08.2.e.ii)  JUNE 13, 2023 CITY COMMISSION 24 Minimum lot area/dwelling unit TOD, C 1 story (See Sec. 5.8.08.2.e.ii) Bonus heights for the TN-CC and TN-TCC Zone Districts are described in Sections 5.8.02. and 5.8.03.” Section 4. That Title V, Chapter 61, Section 5.8.02. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.8.02. Downtown Height Overlay District (OD-DH). C. “Downtown Height Overlay Subareas. 1. As noted in Table 5.8.02.D., the Height Overlay District establishes two (2) subareas, each of which has height regulations applied. Additional bonus height provisions are available for properties that fall within the Grand River Overlay District of Section 5.08.03. 2. Purposes. A series of density incentives, provided through variations in building height, are provided to help describe a smooth transition from the most intensively developed core of the downtown to the residential neighborhoods with a transition that steps down building heights from the core to these neighborhoods. a. DH-1. The purpose of this subarea is to permit the greatest intensity of land use to create a core of development density for a wide variety of uses that are mutually supportive and serve regional needs, including hotels, restaurants, employment centers, medical centers, entertainment venues, and others. These uses are also intended to create an active, vibrant core. b. DH-2. This subarea largely surrounds the core and near-core downtown areas, including areas on the west side of the Grand River, with a number of cultural and institutional uses important to the city and region. It is intended as a transitional area between the more intense development of DH-1 and the edges of downtown and nearby neighborhoods. While still relatively intensively developed, the lower building heights provide transition from the core. The subarea is divided into two zones, DH-2(a) and DH-2(b), to help reinforce the transition of building heights. D. Permitted Height. Table 5.8.02.D. describes the minimum and maximum permitted heights for buildings within each Height Overlay Subarea, including potential bonuses as described in Section 5.8.02.G. Heights are measured in stories as provided in Section 5.8.02.E., below. Table 5.8.02.D. Building Heights Subarea Permitted Height (stories) Minimum Maximum  25 CITY COMMISSION JUNE 13, 2023 DH-1 3 None DH-2 zone (a) 3 20 zone (b) 3 10 E. Story Heights. (See also Section 5.2.06.) 1. Table 5.8.02.E.1 provides for the height of each story of the main building. Unless otherwise specified, story height is measured in feet from the floor of a story to the floor of the story above it. Table 5.8.02.E.1. Building and Story Heights Subarea Permitted Story Height (ft.) Ground Floor Upper Floors Minimum Maximum Minimum Maximum CC, TCC 12 24 - 14 All others 12 18 - 14 2. For the uppermost story, story height shall be measured from the floor of the story to the eave line on pitched roofs and to the tallest point of the roof deck on parapet and flat roofs. 3. Story height requirements apply only to street facing façades, however, no portion of a story of the building shall exceed the maximum permitted story height. 4. A building incorporating both a half story within the roof and a visible basement shall count the height of the two and one-half (2½) stories as one (1) full story. “ Section 5. That Title V, Chapter 61, Subsections F., G., and H. of Section 5.8.02. of the Code of the City of Grand Rapids be deleted. Section 6. That Title V, Chapter 61, Table 5.8.03.D. of Section 5.8.03. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.8.03. Grand River Overlay District (OD-GR). Table 5.8.03.D. Site Layout and Building Placement: Grand River Overlay District Lot Area and Width As required in the base Zone District. Street As required in the base Zone District. side All buildings shall maintain a minimum setback of 30% of the lot depth, Front but in no case shall the required setback exceed 50 ft. or be less than 30 Setback River ft. from the river walk, floodwall, shore or dock line of the Grand River, side whichever is applicable. A setback may be reduced through an Optional Plan Review by the Planning Commission. 20 ft. minimum setback on one side; other side yard may be developed at the property line or at a minimum distance of 5 ft. Side Yard Setback A side yard setback may be reduced to 5 ft. on a side lot line that borders a permanent public open space. The remaining side yard may be developed at the property line or at a minimum distance of 5 ft.  JUNE 13, 2023 CITY COMMISSION 26 Uncovered, outdoor seating areas may extend into a front yard, provided “Permitted Yard that a minimum of 14 ft. is maintained between the river walk, floodwall, Encroachment shore or dock line of the Grand River, whichever is applicable.” Greenspace 30% of lot area. Section 7. That Title V, Chapter 61, Subsection E. of Section 5.8.03. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.8.03. Grand River Overlay District (OD-GR). E. “Building Elements. All development in the OD-GR District shall comply with the requirements in Table 5.8.03.E. Where specified in this Section, these requirements supersede the building element requirements of the Zone District. Where not specified, the requirements of the underlying Zone District requirements shall prevail. Table 5.8.03.E. Building Height and Step-backs: Grand River Overlay District Subarea Permitted Max. Step-backs Notes height height (stories) with Min. Max. bonuses Option A Option B (40% linear (30% linear frontage frontage along along all all bldg. faces) bldg. faces) DH-1 3 None None None 2nd-11th floor 2nd-11th floor – See – 15 ft 20 ft 5.8.03.E. DH-2(a) 3 10 20 17-19th floor 17th-19th floor – 1.e – 15 ft 20 ft 2nd-4th floor – 2nd-4th floor – See TCC 3 5 7 15 ft 20 ft 5.8.03.E. 1.e 1. Step-backs. a. Purpose and intent. A step-back is a portion of a building or structure that is recessed from the base of the structure at a defined story. The requirements for building step-backs are intended to ensure compatibility of the proposed development with the location, height, scale, and spacing of existing or approved buildings, and in particular other buildings on the same or adjacent blocks. To encourage public access to the river, some of the step- back requirements may be waived if said access is provided. b. Applicability. i. A step-back is required per the regulations of Table 5.8.03.E. ii. In the Grand River Overlay District, step-backs are required on all building faces (river, street, and two sides).  27 CITY COMMISSION JUNE 13, 2023 c. DH-2(a) requirements. i. For buildings 11 stories or taller, one (1) step-back is required somewhere between the 2nd and 11th floors. ii. For buildings 17 stories or taller, one (1) additional step-back is required somewhere between the 17th and 19th floors. iii. The step-back can either be 15 feet for 40 percent of the linear building frontage (Option A), or 20 feet for 30 percent of the linear building frontage (Option B). iv. Administrative Departure. For buildings 17 stories or taller, an Administrative Departure may be approved to allow one (1) step-back of 30 feet for 40 percent of the linear building frontage or one (1) step-back of 40 feet for 30 percent of the linear building frontage. d. TN-TCC requirements. i. For buildings six (6) stories or taller, one (1) step-back is required somewhere between the 2nd and 4th floors. ii. The step-back can either be 15 feet for 40 percent of the linear building frontage (Option A), or 20 feet for 30 percent of the linear building frontage (Option B). e. Public access easement. i. If a public access easement of a minimum of 15 feet is provided from the public right-of-way to the river, the step-back requirement of Table 5.8.03.E. shall only apply to the river and street faces of the building. ii. Administrative Departure. Where public access to the river already exists within 100 feet, the side façade step-back requirement can be waived without providing public access as described in 5.8.03.E.1. Section 8. That Title V, Chapter 61, Section 5.8.03. of the Code of the City of Grand Rapids be amended to add a new subsection F., to read as follows: Sec. 5.8.03. Grand River Overlay District (OD-GR). “F. Grand River Overlay District Bonus Height Criteria. Development projects in the DH-2(a) Overlay District and TN-TCC Zone District that fall within the Grand River Overlay District may qualify for height bonuses in accordance with Table 5.8.03.F. using the criteria described below. Table 5.8.03.F. Bonus Heights: Properties within Grand River Overlay District Underlying Zone Bonus Incentive/Bonus District Stories  JUNE 13, 2023 CITY COMMISSION 28 Parallel to river Public access easement with trail 9 DH-2(a) (30 ft wide) Public art 1 Parallel to the Public access easement with trail 2 river (30 ft wide) TCC Public art 1 1. Public Access Easement a. To qualify for the bonus height, a public access easement at least thirty (30) feet wide, extending across the entirety of the lot on the river side of the main building shall be provided. b. Access shall be through permanent easements and shall conform to the provisions of urban open space of Section 5.11.14.B.3. Configuration and Section 5.11.14.B.4. Availability. c. A multi-use trail shall also be provided that conforms to the requirements of the City Parks and Recreation Department. 2. Public Art. a. A development that elects this bonus may use any of the following methods. i. Allocate one (1) percent of the estimated construction cost for a permanent, on-site public art project(s). The artwork created must be where the public can access the artwork during normal business hours or continually view the artwork from off the site; or ii. Contribute one (1) percent of the project's estimated construction cost to the Arts Advisory Committee. b. Regardless of the above method selected, the minimum required expenditure shall be ten thousand dollars ($10,000.00). c. Public art installations on private property shall be maintained by the property owner.” Section 9. That Title V, Chapter 61, Section 5.16.02. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.16.02. Definitions. STEP-BACK “A horizontal portion of a building or structure that is recessed a specified distance from the façade of the story immediately below it. Once a building façade has been stepped back, it may not extend past the step-back line on a higher story.”  29 CITY COMMISSION JUNE 13, 2023 92663 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED that the request from Mammoth Distilling, LLC, for an Off- Premises Tasting Room liquor license to be located at 710 Wealthy St SE, Grand Rapids, MI 49503, be approved. 92664 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The State of Michigan has provided for the issuance of additional Liquor Licenses within the Downtown Development District, as authorized by Public Act 501 of 2006 (MCL 436.1521a(1)(b)); and 2. Kaydee Enterprise, LLC dba Daisies Place, at 15 Ionia Ave SW, Grand Rapids, MI 49503, Kent County, has submitted an application for a license under Section 521a(1)(b) of the Act; and 3. Kaydee Enterprise, LLC dba Daisies Place has supplied information with their application which supports the required stipulations of the Act; and 4. The City Assessor has submitted an affidavit stating the total amount of public and private investment in real and personal property within the Downtown Development District is in excess of $200,000 over the preceding five (5) year time period; and 5. The Downtown Development Authority is pending approval of the issuance of a Development District Liquor License at 15 Ionia Ave SW, Grand Rapids, MI 49503, Kent County, above all others; therefore RESOLVED that the request from Kaydee Enterprise, LLC dba Daisies Place located at 15 Ionia Ave SW, Grand Rapids, MI 49503, Kent County for a Development District Liquor License pursuant to Public Act 501 of 2006 (MCL 436.1521a(1)(b)) be approved above others, pending DDA approval. 92665 Result: Adopted. Mover: O’Connor. Supporter: Perdue. 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  JUNE 13, 2023 CITY COMMISSION 30 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 Cedar Springs Brewing Company, LLC dba Kusterer Brauhaus; 642 Bridge 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. 92666 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED that: 1. The City shall add a G-Step which will be effective at 3 Years in the F-Step and with a minimum of 10 years in the department for the position and is 3% over the F-Step, retroactive to January 1, 2023. 2. The City shall add Juneteenth as a Paid Holiday. 3. The City shall change Progressive discipline from 2 years to 4-year lookback for Class 1 charges. 4. The City shall have promotional exams that last 5 years instead of 3 years. 5. The City shall allow Acting Assignment to count towards probation and F- Step. 6. The City shall provide the Union a copy of FOIA responses for Personnel Records by email.  31 CITY COMMISSION JUNE 13, 2023 7. The City shall provide a $1,000 non-pensionable payment to each employee. 8. The City shall add Oversight and Public Accountability (OPA) language as a policy attached to the final agreement as an Appendix. 9. The City shall increase wages by 6.0% effective July 1, 2022, 2.0% effective July 1, 2023, and 1.5% effective July 1, 2024; with wage increase retroactive to July 1, 2022. FURTHER RESOLVED that: 1. Upon reduction of said understanding to an Agreement in a form approved by the City Attorney, the Mayor and City Clerk are authorized to execute the same on behalf of the City; and 2. The City Commission shall consider and act upon the Salary Ordinance amendments necessary in order to effectuate this labor agreement. 92667 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That an agreement between the City and Community Rebuilders for the Geo Targeted Housing Outreach Program in an amount not to exceed Five Hundred Thousand Dollars ($500,000) is hereby approved; and 2. That the agreement period shall be from June 1, 2023, through September 30, 2025; and 3. That upon approval as to form by the City Attorney, the Mayor is authorized to execute said agreement, related documents, partner agreements and necessary modifications, including amending the dollar amount and extensions of time. 92668 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, the City Commission desires to hold a public hearing on proposed amendments to the City’s Disorderly Conduct Code; therefore RESOLVED:  JUNE 13, 2023 CITY COMMISSION 32 1. That a public hearing be held on Tuesday, July 11, 2023, at 2:00 p.m. in the City Commission Chambers of Grand Rapids City Hall, 300 Monroe. Ave. N.W., to obtain public comment on a proposed Ordinance amending Chapter 152 “Disorderly Conduct” of Title IX of the Grand Rapids City Code; and 2. That the attached Ordinance amending Section 9.136 of Chapter 152 “Disorderly Conduct” of Title IX of the Grand Rapids City Code be published as part of the proceedings; and 3. That the full text of the attached Ordinance be published in the official newspaper of record as required by Article V, Section 10(a) of the City Charter. ORDINANCE AMENDING SECTION 9.136 OF CHAPTER 152 “DISORDERLY CONDUCT” OF TITLE IX OF THE GRAND RAPIDS CITY CODE ORDINANCE NO. 2023-__ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 9.136 of Chapter 152, Title IX of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 9.136. - Miscellaneous Offenses. (1) Definitions. As used in this section and unless otherwise defined: (a) Loitering means lingering or hanging around in a public area without any apparent purpose for being there. Loitering includes but is not limited to intentionally blocking or interfering with others’ ability to safely use public spaces and rights-of-way. (b) Accost means repeated nonconsensual conduct directed to another person in such a manner as would cause a reasonable person to feel harassed, intimidated, or that a commission of a criminal act was about to occur. (2) No person shall:  33 CITY COMMISSION JUNE 13, 2023 (a) Engage in peeping in the windows of any inhabited place. (b) Make an indecent exposure of his or her person. (c) Loiter in any public building or in any other building or premises owned by another person after having been requested to leave by the lawful owner or occupant or a representative of the owner or occupant. (d) Loiter or obstruct a doorway in such a manner that interferes with the functioning of the door, or an individual’s ability to pass through the doorway. (e) Accost another person: (i) Within twenty (20) feet of any Automated Teller Machine (ATM). (ii) In any public transportation vehicle, such as a bus or train, or within twenty (20) feet of where such a vehicle takes on or releases passengers. (iii) In any outdoor dining area or within twenty (20) feet of any outdoor space where individuals are consuming food or beverage. (iv) At any permitted special event or within twenty (20) feet of a permitted special event entrance or exit. (f) Knowingly engage in or advertise any business which offers as its principal activity the providing of nude models for artists or photographers. (g) Fire or shoot any air gun, spring gun, bow and arrow, slingshot or other dangerous weapon or instrument in any street, avenue, alley, public place or in any place in such a manner as to endanger or be likely to endanger any person or property.” 92669 Result: Adopted. Mover: O’Connor. Supporter: Perdue.  JUNE 13, 2023 CITY COMMISSION 34 WHEREAS, the City Commission desires to hold a public hearing on a proposed Ordinance amending the Nuisance Code; therefore RESOLVED: 1. That a public hearing be held on Tuesday, July 11, 2023, at 2:00 p.m. in the City Commission Chambers of Grand Rapids City Hall, 300 Monroe. Ave. N.W., to obtain public comment on a proposed Ordinance amending Chapter 151 “Nuisances” of Title IX of the Grand Rapids City Code; and 2. That the attached Ordinance amending Section 9.108 and adding Section 9.108a of Chapter 151 “Nuisances” of Title IX of the Grand Rapids City Code be published as part of the proceedings; and 3. That the attached summary of the proposed Ordinance be published in the official newspaper of record in lieu of publishing the full text thereof as authorized by Article V, Section 10(b) of the City Charter. ORDINANCE AMENDING SECTION 9.108 AND ADDING SECTION 9.108a OF CHAPTER 151 “NUISANCES” OF TITLE IX OF THE GRAND RAPIDS CITY CODE ORDINANCE NO. 2023-______ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 9.108 of Chapter 151, Title IX of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 9.108. - Nuisances Prohibited on Public and Private Property. The following conditions are declared a public nuisance. All property within the City, whether occupied or vacant, improved or unimproved, shall be maintained by the owner free of the following nuisances: (1) Ragweed, poison ivy, poison sumac, poison oak and similar plants. (2) Any grass, weeds or undergrowth higher or longer than twelve (12) inches, except: (a) On portions of undeveloped property behind a wooded tree line. 35 CITY COMMISSION JUNE 13, 2023 (b) On portions of unsubdivided lands more than twenty-five (25) feet from a public sidewalk or a street open to the public. (c) On portions of undeveloped lots in a subdivision less than sixty (60) percent developed lying more than twenty-five (25) feet from a public sidewalk or public street. (3) Any bush, shrub, tree or other vegetation or portion thereof obstructing the line of vision or interfering with passage of pedestrians or motorists on a sidewalk, walkway, driveway or street. (4) Stagnant or Unsanitary Water. (5) Garbage or rubbish or any other unhealthy, hazardous or offensive condition, object or substance, subject to the following exceptions. Residential composting, as that term is defined in this Chapter, shall be permitted subject to the following conditions: (a) Residential composting is only permitted on the premises of an occupied residential dwelling. (b) The compost may not contain animal waste, meat, bones, grease, oils, fats, or cooked foods of any kind. (c) The compost must be completely contained in a fully enclosed and commercially manufactured compost receptacle. (d) The compost receptacle must be located in the rear yard of the residential dwelling. (e) The compost receptacle must be kept tightly covered except when opened for deposit or removal of compost materials. (f) The compost receptacle shall have a capacity of no greater than 64 cubic feet. (g) The compost receptacle shall be constructed of rigid and durable materials, which shall not include any of the following: burlap, tarp, vehicle tires, wire mesh, chicken JUNE 13, 2023 CITY COMMISSION 36 wire, flexible fencing material of any kind, or any substantially similar materials. (6) Any dead tree or any portion thereof, or any dying tree that presents a hazard to any member of the public or to property. (7) Any Unsecured Building. An unoccupied or vacant building, structure or part thereof shall be kept secured by the owner against unauthorized entry and water damage. Boarding shall be done in a manner and with materials as specified in Section 9.110 of this Code. (8) Reserved. (9) Refrigerators, Freezers, or Similar Equipment Providing Enclosed Spaces. A refrigerator, an airtight container, a tank with an open access hole and any other contrivance or property which encloses or substantially encloses a space is declared to be an unlawful and immediate hazard, a nuisance and a violation of this Code if placed anywhere outdoors in a manner which could result in injury or death. Such declared hazard, space or equipment may be abated as an emergency without notice. Upon making harmless a violation of this Section, the City shall issue a notice to abate the violation as set forth in Section 9.111 of this Chapter. (10) Failure to Maintain Alleys, Parkways, or Property Abutting Public Right-of-Ways. Every owner shall be responsible for maintaining the following public access areas abutting their property in compliance with this Article, including the following: (a) The sidewalk and parkway to the curb or street pavement, except for dead trees; (b) A public or utility easement to the centerline; (c) An alley or alleyway to the centerline, except for standing or stagnant water. (11) Inoperable, Unlicensed or Unregistered Vehicles. No more than one (1) operable vehicle, that is unlicensed or unregistered shall be located outdoors for more than seven (7) days on a property with a residential or commercial structure. Such vehicle must be located behind a dwelling or commercial building. Inoperable, unlicensed or unregistered vehicle storage is prohibited on any  37 CITY COMMISSION JUNE 13, 2023 vacant property, whether a structure exists on the property or not. (12) Outdoor Furniture. Any furniture or furnishings manufactured or intended to be for indoor use and is not constructed to be used outdoors, shall not be placed within the yard or on any unenclosed porch or similar area that will allow access for vermin, weather or arson." Section 2. That Section 9.108a of Chapter 151, Title IX of the Code of the City of Grand Rapids be added to read as follows: “Sec. 9.108a. - Personal Property, Belongings, Furnishings or Equipment Left in the Right-of-Way. (1) Definitions. The definitions contained in this subsection shall govern the construction, meaning and application of words and phrases used in this section. (a) City Employee means any full or part-time employee of the City of Grand Rapids or a contractor retained by the City for the purpose of implementing this Section. (b) Essential Personal Property means any and all personal property that cumulatively is less than two cubic feet in volume, which, by way of example, is the amount of property capable of being carried within a backpack. (c) Excess Personal Property means any and all personal property that cumulatively exceeds the amount of property that could fit in a 32-gallon container with the lid closed. (d) Personal Property means any tangible property, and includes, but is not limited to, goods, materials, merchandise, Tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents, and medication. (e) Public Area or Public Areas means all property that is owned, managed or maintained by the City, including property under the jurisdiction of the Department of Parks and Recreation, and shall include, but not be JUNE 13, 2023 CITY COMMISSION 38 limited to, any street, sidewalk, medial strip, space, ground, park, building or structure. (f) Store, Stored, Storing or Storage means to put personal property aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a public area. Moving personal property to another location in a public area or returning personal property to the same block on a daily basis shall be considered storing. This definition shall not include any personal property that, pursuant to statute, ordinance, permit, regulation or other authorization by the City or State, is stored with the permission of the City on real property that is owned or controlled by the City. (g) Unattended means no person is present with the personal property to assert or claim ownership of the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property. (2) Regulation and Impoundment of Stored Personal Property; Discard of Certain Stored Personal Property. (a) No person shall store any unattended personal property or attended excess personal property in a public area. With pre-removal notice as specified in Subsection 3(a), the City may impound any unattended personal property in a public area, regardless of volume. Post-removal notice shall be provided as set forth in Subsection 3(b). (b) No person shall store any attended excess personal property in a public area. With pre-removal notice as specified in Subsection 3(a), the City may impound any attended excess personal property stored in a public area. Post-removal notice shall be provided as set forth in Subsection 3(b). (c) No person shall store any personal property in a public area in such a manner as to obstruct, disrupt, or interfere with City operations of any nature, including but not limited to maintenance or cleaning. Without prior notice, the City may temporarily move personal property, whether attended or unattended, which is obstructing City operations in a public area during the time 39 CITY COMMISSION JUNE 13, 2023 necessary to conduct the City operations. The City also may impound personal property that is obstructing City operations in a public area, pursuant to Subsection 3(a) or 3(b). (d) No person shall store any personal property in a public area in such a manner that it does not allow for passage as provided by the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to time. Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, stored in a public area in such a manner that it does not allow for passage as required by the ADA. Post-removal notice shall be provided as set forth in Subsection 3(b). (e) No person shall store any personal property, whether attended or unattended: (i) Within ten (10) feet of any operational or utilizable driveway or loading dock; (ii) Within five (5) feet of any operational or utilizable building entrance or exit; (iii) Within two (2) feet of any fire hydrant, fire plug, or other fire department connection; or (iv) In a manner which intentionally blocks or interferes with others’ ability to safely use a public bench or other physical public sitting structure. (v) Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, stored in a public area in violation of this subsection. Post- removal notice shall be provided as set forth in Subsection 3(b). (f) No person shall store any personal property in a public area if the personal property, whether attended or unattended, constitutes an immediate threat to the public health or safety. Without prior notice, the City may remove and may discard any personal property stored in JUNE 13, 2023 CITY COMMISSION 40 a public area if the personal property poses an immediate threat to the health or safety of the public. (i) Garbage or rubbish or any other unhealthy, hazardous or unsafe item may be disposed immediately pursuant to City protocol and is not required to be stored pending disposal. (g) No person shall store any personal property, whether attended or unattended, in such a manner that obstructs or interferes with any activity in a public area for which the City has issued a permit. Without prior notice, the City may move and may immediately impound any personal property stored in a public area in violation of this subsection. Post-removal notice shall be provided as set forth in Subsection 3(b). (h) No person shall store any personal property, whether attended or unattended, in such a manner as to obstruct any portion of a street or other public right-of-way open to use by motor vehicles, a designated bike lane or bike path, or other public right-of-way open exclusively to use by bicycles. Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, in violation of this subsection. Post-removal notice shall be provided as set forth in Subsection 3(b). (3) Notice. (a) Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written notice is provided to the person who is storing or claims ownership of the personal property, or is posted conspicuously on or near the personal property. The written notice shall contain the following: (i) A general description of the personal property to be removed. (ii) The location from which the personal property will be removed. (iii) The date and time the notice was posted. 41 CITY COMMISSION JUNE 13, 2023 (iv) A statement that the personal property has been stored in violation of Subsection 2. (v) A statement that the personal property may be impounded if not removed from public areas. (vi) A statement that moving personal property to another location in a public area shall not be considered removal of personal property from a public area. (vii) The address where the removed public property will be located, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property as well as information as to voluntary storage location(s). (viii) A statement that impounded personal property may be discarded if not claimed within thirty (30) days after impoundment. (b) Post-Removal Notice. Upon removal of stored personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written notice shall contain the following: (i) A general description of the personal property removed. (ii) The date and approximate time the personal property was removed. (iii) A statement that the personal property was stored in a public area in violation of Subsection 2. (iv) The address where the removed personal property will be located, including a telephone number and internet website of the City through which a person may receive information as to impounded personal property. (v) A statement that impounded personal property may be discarded if not claimed within thirty (30) days after impoundment. JUNE 13, 2023 CITY COMMISSION 42 (4) Storage and Disposal. (a) Except as specified herein, the City shall move personal property to a place of storage. (b) Except as specified herein, the City shall move and store impounded personal property for 30 days, after which time, if not claimed, it may be discarded. The City shall not be required to undertake any search for, or return, any impounded personal property stored for longer than thirty (30) days. (c) The City shall maintain a record of the date any impounded personal property was discarded. (d) Garbage or rubbish or any other unhealthy, hazardous or unsafe item may be disposed immediately pursuant to City protocol and is not required to be stored pending disposal. (5) Repossession. The owner of impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish satisfactory proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property. (6) Ban on Tents and other Attachments in Certain Public Areas and Regulation of Hours in other Public Areas. (a) Unless a permit is obtained, no person shall erect, configure, construct, maintain, use, occupy, or allow to remain erected any tent in any public area. Without prior notice, the City may deconstruct any tent, whether attended or unattended, in violation of this subsection. With pre-removal notice as specified in Subsection 3(a) or posted signage, the City may impound any tent in violation of this subsection. (b) No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any public property, including but  43 CITY COMMISSION JUNE 13, 2023 not limited to, a building or portion or protrusion thereof, fence, bus shelter, trash can, mailbox, pole, bench, news rack, sign, tree, bush, shrub or plant, without prior written consent of the City. (c) No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any private property in such a manner as to create an obstruction on or across any street or area where the public may travel. (d) Without prior notice, the City may remove any barrier, string, wires, ropes, chains or other attachment of personal property, whether attended or unattended, to any public property, or to any private property which creates an obstruction to any Street or area where the public may travel.” ORDINANCES 92670 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Knight Excused: Drew Robbins ORDINANCE NO. 2023 - 18 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 175,806,864.26 Other (3,100,000.00) From (To) Fund Balance 8,790,188.00 Total Amended Resources 181,497,052.26 Previously Approved Appropriations 175,806,864.26 General Administration 1,200,188.00 Executive Office 90,000.00 Fire Department 2,800,000.00 Police Department 1,600,000.00 Total Amended Appropriations 181,497,052.26  JUNE 13, 2023 CITY COMMISSION 44 61st District Court Fund Previously Approved Resources 12,729,212.14 Other 3,100,000.00 From (To) Retained Earnings (3,100,000.00) Total Amended Resources 12,729,212.14 Previously Approved Appropriations 12,729,212.14 Requested Changes - Total Amended Appropriations 12,729,212.14 Water Operations Fund Previously Approved Resources 54,374,423.01 Other - From (To) Retained Earnings 5,599,187.74 Total Amended Resources 59,973,610.75 Previously Approved Appropriations 54,374,423.01 Requested Changes 5,599,187.74 Total Amended Appropriations 59,973,610.75 Water Replacement Fund Previously Approved Resources 30,133,237.12 Other 5,599,187.74 From (To) Retained Earnings - Total Amended Resources 35,732,424.86 Previously Approved Appropriations 30,133,237.12 Requested Changes 5,599,187.74 Total Amended Appropriations 35,732,424.86 Water Improvement Fund Previously Approved Resources 55,136,392.21 Other 680,117.00 From (To) Retained Earnings - Total Amended Resources 55,816,509.21 Previously Approved Appropriations 55,136,392.21 Requested Changes 680,117.00 Total Amended Appropriations 55,816,509.21 Water Supply System Revenue Bonds 2020 Fund Previously Approved Resources 11,307,485.16 Other 200,000.00 From (To) Retained Earnings - Total Amended Resources 11,507,485.16 Previously Approved Appropriations 11,307,485.16  45 CITY COMMISSION JUNE 13, 2023 Requested Changes 200,000.00 Total Amended Appropriations 11,507,485.16 Major Streets Fund Previously Approved Resources 26,462,525.79 Other 1,083,240.00 From (To) Fund Balance (383,240.00) Total Amended Resources 27,162,525.79 Previously Approved Appropriations 26,462,525.79 Requested Changes 700,000.00 Total Amended Appropriations 27,162,525.79 Federal Forfeitures - Treasury Dept Fund Previously Approved Resources 45,995.00 Other - From (To) Fund Balance 82,808.00 Total Amended Resources 128,803.00 Previously Approved Appropriations 45,995.00 Requested Changes 82,808.00 Total Amended Appropriations 128,803.00 Other Grants Fund Previously Approved Resources 21,008,371.30 Other 196,453.10 From (To) Fund Balance - Total Amended Resources 21,204,824.40 Previously Approved Appropriations 21,008,371.30 Requested Changes 196,453.10 Total Amended Appropriations 21,204,824.40 Capital Improvement Fund Previously Approved Resources 40,535,576.05 Other 1,200,188.00 From (To) Fund Balance - Total Amended Resources 41,735,764.05 Previously Approved Appropriations 40,535,576.05 Requested Changes 1,200,188.00 Total Amended Appropriations 41,735,764.05 Downtown Improvement District - Snowmelt Fund Previously Approved Resources 215,000.00 Other - From (To) Fund Balance 20,000.00  JUNE 13, 2023 CITY COMMISSION 46 Total Amended Resources 235,000.00 Previously Approved Appropriations 215,000.00 Requested Changes 20,000.00 Total Amended Appropriations 235,000.00 Downtown Improvement District - General Fund Previously Approved Resources 1,179,813.42 Other - From (To) Fund Balance 20,000.00 Total Amended Resources 1,199,813.42 Previously Approved Appropriations 1,179,813.42 Requested Changes 20,000.00 Total Amended Appropriations 1,199,813.42 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Knight Excused: Drew Robbins Motion to give Ordinance immediate effect. 92671 Result: Adopted. Mover: O’Connor. Supporter: Knight. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Knight Excused: Drew Robbins AN ORDINANCE AMENDING SECTION 4.2 OF SALARY ORDINANCE 2022-33 ORDINANCE NO. 2023 - 19 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 4.2 of Salary Ordinance 2022-33, be amended to read as follows: “Section 4.2. Managerial and Supervisory Professional Group: 101 FMS Subject Matter Expert 01SME 102 Financial Systems Analyst 13 110 Accounts Payable Supervisor 12 114 Payroll Supervisor 12 115 Financial Systems Administrator 17 117 Deputy City Treasurer 20 118 Records Manager 15 127 Performance & Management Reporting Specialist 14 47 CITY COMMISSION JUNE 13, 2023 141 Partnerships and Development Coordinator 10 148 Deputy City Clerk 17 234 Social Worker 14 329 Special Events Supervisor 13 336 Parks Maintenance Supervisor 11 337 Materials Resource Planning Supervisor 10 338 Utility Maintenance Supervisor 12 339 Cemetery Supervisor 11 341 Parking Meter Operations Supervisor 14 342 Parking Facility Supervisor 14 344 Parking Operations Superintendent 16 345 Parking Services Shift Supervisor 10 346 Inventory and Asset Manager 15 348 Wastewater Operations and Maintenance Supervisor 14 349 Wastewater/Stormwater Maintenance 17 Superintendent 350 Collection System Asset Supervisor 14 351 Wastewater Plant Supervisor 17 352 Wastewater Technical Control Supervisor 14 353 Utility Supervisor 14 354 Traffic System Engineer 16 355 Utilities Field Operations Supervisor 14 357 Building Maintenance Supervisor I 9 358 Building Maintenance Supervisor II 11 359 Facilities Maintenance Superintendent 17 360 Facilities Maintenance Supervisor 14 362 Water Distribution Shift Supervisor 10 363 Forester 13 364 Forestry Supervisor 13 365 Signal & Lighting Supervisor 14 367 Signal & Lighting Superintendent 17 368 Utilities Field Operations Superintendent 17 370 Streets & Sanitation Supervisor 12 371 Public Services Supervisor 13 375 Equipment Maintenance Supervisor 12 376 Equipment Maintenance Superintendent 17 381 Public Services Manager 18 453 Fleet Equipment Manager 12 496 Stormwater Manager 18 497 Wastewater Plant Shift Supervisor 10 498 Wastewater Lab Superintendent 14 515 Sign Shop Supervisor 09 518 Sign Supervisor 10 528 Housing Inspections Administrator 16 529 Code Compliance Administrator 18 530 Housing Inspections Supervisor 13 JUNE 13, 2023 CITY COMMISSION 48 532 Code Compliance Supervisor 14 533 Development Center Administrator 16 534 Assistant Code Compliance Director 20 548 Special Events Manager 18 549 Assistant Mobile GR Director 20 551 City Transportation Engineer 18 552 Transportation Planning Supervisor 13 556 Debt and Authority Finance Officer 17 557 Equal Opportunity Officer 14 558 Information Systems Coordinator 15 559 GIS Manager 18 560 311 Customer Service Manager 18 561 Assistant Information Technology Director 20 562 Network and Operations Administrator 18 565 CRM Systems Administrator 16 571 Customer Service Community Liaison 11 594 Income Tax Compliance Supervisor 14 595 Income Tax Operations Supervisor 14 598 Financial Analyst II 15 600 Administrative Services Officer I 16 601 Community Services Administrator 13 606 Accountant II 12 607 Financial Analyst 12 609 Income Tax Examination Supervisor 14 611 Internal Auditor II 14 614 Information Technology Manager 18 615 Assistant City Assessor 17 620 Senior Buyer 15 621 Administrative Analyst I – Accounting 11 626 Administrative Services Officer II 18 631 Deputy City Assessor 18 633 Utility Financial Officer 18 635 Contract Compliance Officer 12 638 Communications Manager 18 639 Customer Service Administrator 16 640 Housing Development Officer 18 641 Administrative Analyst II 16 642 Administrator – Office Children Youth Families 16 646 Senior Human Resources Analyst 14 647 Senior Electrical Engineer 15 650 Project Engineer 15 651 Senior Project Engineer 17 653 Building Inspections Supervisor 13 656 Utilities System Manager 20 660 Wastewater Plant Superintendent 18 663 Water Filtration Plant Superintendent 18  49 CITY COMMISSION JUNE 13, 2023 664 Hydraulic Engineer 17 666 Building Inspections Administrator 16 672 Facilities Project Engineer Coordinator 18 676 Environmental Assessment Supervisor 17 677 Athletic Supervisor 10 687 Golf Course Manager 10 688 Recreation Supervisor 13 689 Marketing and Program Specialist 10 701 Recreation Program Technical Supervisor 07 705 Planning Supervisor 13 712 Recreation Center Supervisor 10 714 Parks Superintendent 18 715 Recreation Superintendent 18 716 Recreation Services Specialist 16 721 Assistant Building Official 15 722 Housing Rehab Supervisor 14 723 Community Development Officer 14 725 Building Official 18 728 Assistant Community Development Director 20 729 Assistant Economic Development Director 20 732 Business Advocate 18 733 Real Property Manager 16 735 Economic Development Coordinator II 17 738 Minority Business Enterprise Advocate 18 740 Telecommunications Administrator 17 824 Emergency Management Specialist 11 840 Forensic Services Manager 14 910 Business Manager 13 911 Construction Inspection Supervisor 13 915 Assistant Project Manager 15 916 Engineering Design Services Supervisor 13 917 Project Manager 18” Section 2. That all Ordinances in conflict herewith are repealed. Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Knight Excused: Drew Robbins Motion to give Ordinance immediate effect. 92672 Result: Adopted. Mover: Perdue. Supporter: Knight. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Knight Excused: Drew Robbins  JUNE 13, 2023 CITY COMMISSION 50 AN ORDINANCE TO FIX THE SALARIES AND RATES OF COMPENSATION OF CERTAIN EMPLOYEES IN THE CITY OF GRAND RAPIDS CLASSIFIED IN CLASS TITLES WHICH ARE WITHIN THE UNIFORMED EMPLOYEE BARGAINING UNIT; TO ADOPT A SCHEDULE OF ANNUAL PAY RANGES FOR SUCH EMPLOYEES: TO PROVIDE FOR THE ADOPTION OF RULES PRESCRIBING THE METHOD OF PROVIDING FOR INCREASES AND DECREASES IN COMPENSATION WITHIN THE PAY RANGES ESTABLISHED BY THIS ORDINANCE; TO PROVIDE FOR THE REGULATION OF OTHER PERSONNEL MATTERS AND TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, SAID REPEAL TO BECOME EFFECTIVE AS OF JULY 1, 2022 ORDINANCE NO. 2023 - 20 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1 There is hereby established the following schedule of annual and hourly pay ranges which shall be the basis for establishing the rates of compensation for all employees in the classes of positions described in Section 1.1, 1.2, 1.3, and 1.4 inclusive, and which shall be effective July 1, 2022. Section 1.1 Effective July 1, 2022, the following classifications shall be paid in an amount listed opposite the class title: Police Command Officers Bargaining Unit Hourly Salary Rates (With Rounded Annual Equivalents) Class Salary Step and Hourly Rate/Annual No Range Class Title Equivalent 813 01F Police Lieutenant E $49.1163/102,162 F $51.9970/108,154 814 02F Police Captain E $55.2776/114,977 F $58.0158/120,673 Each of the foregoing salary ranges shall consist of a minimum rate which is the lowest amount in the columns opposite the range number; a maximum rate which is the highest amount in the columns opposite the range number. Section 1.2 Effective January 1, 2023, the following classifications shall be paid in an amount listed opposite the class title: Police Command Officers Bargaining Unit Hourly Salary Rates  51 CITY COMMISSION JUNE 13, 2023 (With Rounded Annual Equivalents) Class Salary Step and Hourly Rate/Annual No Range Class Title Equivalent 813 01F Police Lieutenant E $49.1163/102,162 F $51.9970/108,154 G $53.5569/111,399 814 02F Police Captain E $55.2776/114,977 F $58.0158/120,673 G $59.7563/124,293 Each of the foregoing salary ranges shall consist of a minimum rate which is the lowest amount in the columns opposite the range number; a maximum rate which is the highest amount in the columns opposite the range number. Section 1.3 Effective July 1, 2023, the following classifications shall be paid in an amount listed opposite the class title: Police Command Officers Bargaining Unit Hourly Salary Rates (With Rounded Annual Equivalents) Class Salary Step and Hourly Rate/Annual No Range Class Title Equivalent 813 01F Police Lieutenant E $50.0986/104,205 F $53.0369/110,317 G $54.6280/113,627 814 02F Police Captain E $56.3832/117,277 F $59.1761/123,086 G $60.9514/126,779 Each of the foregoing salary ranges shall consist of a minimum rate which is the lowest amount in the columns opposite the range number; a maximum rate which is the highest amount in the columns opposite the range number. Section 1.4 Effective July 1, 2024, the following classifications shall be paid in an amount listed opposite the class title: Police Command Officers Bargaining Unit Hourly Salary Rates (With Rounded Annual Equivalents)  JUNE 13, 2023 CITY COMMISSION 52 Class Salary Step and Hourly Rate/Annual No Range Class Title Equivalent 813 01F Police Lieutenant E $50.8501/105,768 F $53.8325/111,972 G $55.4474/115,331 814 02F Police Captain E $57.2289/119,036 F $60.0638/124,933 G $61.8657/128,681 Each of the foregoing salary ranges shall consist of a minimum rate which is the lowest amount in the columns opposite the range number; a maximum rate which is the highest amount in the columns opposite the range number. Section 2. No employee shall be paid at a rate lower than the minimum or higher than the maximum rate of compensation in the salary range established by Sections 1.1, 1.2, 1.3, and 1.4 for the class to which their position has been allocated, provided that any employee who upon the adoption of this Ordinance is receiving a rate of compensation higher than the maximum rate herein established for their position shall receive the rate of compensation now in effect and subsequent generally applied increases. Section 3. That all Ordinances in conflict herewith are repealed. Result: Adopted. Mover: O’Connor. Supporter: Knight. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Knight Excused: Drew Robbins Motion to give Ordinance immediate effect. 92673 Result: Adopted. Mover: Knight. Supporter: Perdue. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Knight Excused: Drew Robbins AN ORDINANCE TO AMEND MAP 23 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS, THE ZONING ORDINANCE ORDINANCE NO. 2023 - 21 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Map 23 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to rezone 1323 (aka 1301) Cedar Street NE to SD-  53 CITY COMMISSION JUNE 13, 2023 PRD (Special Districts–Planned Redevelopment District) to facilitate the expansion of Ronald McDonald House Charities West Michigan The property can be described as follows: 41-14-20-201-036 THAT PART OF NW 1/4 NE 1/4 LYING S OF A LINE EXT FROM A PT ON N&S 1/4 LINE WHICH IS 864.61 FT S FROM N 1/4 COR TO A PT ON E 1/8 LINE WHICH IS 867.70 FT S FROM N SEC LINE EX W 843.0 FT * SEC 20 T7N R11W 4.84 A. 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 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 proposed use will comply with all other applicable City ordinances and policies and all State laws. 5. That the approval extends to all existing operations on the site. 6. That the existing structure proposed to house additional guest suites may be used for an unlimited number of guest suites to the extent that the parking demand is satisfied, and the building footprint and massing remains as proposed. 7. That signs erected in this PRD shall be governed by the rules and requirements of the NOS Zone District. 8. That the proposed use will comply with all other applicable City ordinances and policies and all State laws. 9. That this approval shall take effect as required by City Commission approval in accordance with Section 5.12.12.G. of the Zoning Ordinance. 92674 Result: Adopted. Mover: Knight. Supporter: Perdue. Yeas: Bliss, Ysasi, Moody, Perdue, Knight Nays: Jon O’Connor Excused: Drew Robbins ORDINANCE AMENDING SECTIONS 8.501-8.504 OF CHAPTER 140, TITLE VIII, THE “PROPERTY MAINTENANCE CODE” OF THE GRAND RAPIDS CITY CODE  JUNE 13, 2023 CITY COMMISSION 54 ORDINANCE NO. 2023 - 22 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 8.501 of Chapter 140, Title VIII of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 8.501. Adoption of the Code. The 2021 edition of the International Property Maintenance Code as published by the International Code Council, Inc. is adopted by reference as herein modified for the purposes of protecting the public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises by establishing minimum maintenance standards for all structures and occupants of all structures; and providing for administration, enforcement and penalties. The 2021 edition of the International Property Maintenance Code, together with the provisions of this Chapter, shall be known and may be cited as the "Property Maintenance Code" of the City of Grand Rapids.“ Section 2. That Section 8.502 of Chapter 140, Title VIII of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 8.502. Availability. Complete copies of this Property Maintenance Code of the City of Grand Rapids are available at the Office of the City Clerk for inspection by the public. Complete copies of the International Property Maintenance Code, 2021 edition as published by the International Code Council, Inc., and referenced herein, are also available at the Office of the City Clerk for inspection by the public.” Section 3. That Section 8.503 of Chapter 140, Title VIII of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 8.503. Penalties. Failure to comply with a provision of this Chapter shall constitute a civil infraction, except for those provisions that pertain to the following, which shall constitute a misdemeanor: (1) An unsafe structure or equipment as described in Section 111, or any violation which creates an imminent danger as described in Section 112. (2) A Utility Interruption. (3) A dwelling that has been condemned for human occupancy and/or a Notice to Vacate Condemned Dwelling has been issued. (4) A failure to comply with a Notice to Repair or Demolish. (5) Notwithstanding the foregoing, a misdemeanor complaint shall be issued where three (3) or more Civil Infraction Citations have been issued for the same violation(s) to the same owner. (6) Failure to comply with a Stop Work Order issued under authority of Section 110.”  55 CITY COMMISSION JUNE 13, 2023 Section 4. That Section 8.504 of Chapter 140, Title VIII of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 8.504. Amendments to the Code. The following sections and subsections of the 2021 International Property Maintenance Code are hereby amended or deleted, and additional sections are added as indicated. The section numbers used below follow the same numbering convention as the sections of the 2021 International Property Maintenance Code. 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Grand Rapids, hereinafter referred to as "this Code". 103.1 Creation of agency. The Code Compliance Department or Division, herein referred to as “the Department,” has assumed responsibility for implementation, administration and enforcement of the provisions of this Code. The official in charge, or their designee, thereof shall be known as the “code official.” 104.1 Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this Code shall be established from time to time by resolution of the City Commission, and shall include the services indicated in the following schedule. No monitoring fees shall be assessed for the first sixty (60) days. (1) Administrative hourly rate; (2) Special Inspections conducted after business hours, on weekends or holidays, per hour; (3) Registration of Rental Property, per building; (4) Certificate of Compliance issued before expiration date; (5) Certificate of Compliance issued after expiration; (6) New Construction - Certificate of Compliance; (7) Notice of Violation; (8) Notice to Vacate; (9) Inspection fee for every additional inspection, including but not limited to: court requested, attorney requested, progress inspection at request of owner/manager and/or Housing Appeal Board, Housing Rehab request; (10) Failure to keep appointment, arrange for inspection, or provide entry for scheduled inspection; (11) Occupied without a Certificate of Compliance, or vacant unit under orders occupied prior to compliance approval inspection; (12) Administrative or Progress Extension; (13) Housing Appeal filed by last appeal date; Housing Appeal filed after last appeal date; (14) Ownership Research for any property not occupied by the property owner includes, but not limited to returned mail processing & lack of current registration; (15) Title Search; (16) Warning of Prosecution Letter;  JUNE 13, 2023 CITY COMMISSION 56 (17) Issuance of Relocation Payment (plus relocation amount); (18) Monitoring Fee for Vacant/Abandoned Structure and/or Prosecution Cases; (19) Notice to Repair or Demolish; (20) Demolition, per structure; (21) Contact Request; (22) Search Warrant; (23) Prosecution Preparation; (24) Recording document at Kent County Register of Deeds; (25) Condemned for Human Occupancy; (26) Collection Services Fee, as charged by the City Treasurer; (27) Abatement of Nuisance. 104.1.1 Lien against property. Whenever the City has cited a property for any violation of this Chapter, the cost of service as established by City Commission resolution, shall be billed to the property owner. Such billing shall be personal debt of the owner to the City, which may be assessed as a lien against the property, including interest thereon, until paid. 105.3.1 Right of entry for abandoned or vacant structures. If the owner has failed to secure a property and it has been secured by the City, the City may enter or re-enter the structure to conduct necessary inspections to assure compliance with the requirements of this Code and to determine if there are emergency or hazardous conditions. 110.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall constitute a violation of this Code as provided in Section 8.503. 111.4.2 Method of service. Notice of a violation of this Chapter shall be deemed to be properly served if a copy thereof is: (1) Delivered personally; or (2) Sent by first-class mail addressed to the last known address of the responsible person; and a copy posted in a conspicuous place in or about the structure affected by such notice. 111.9.1 Work hours for a condemned property. Work to restore a condemned property may only take place between the hours of 7 a.m. and 10 p.m. Anyone found in a condemned property outside of those hours shall be in violation. 301.4 Dwelling required. No person shall occupy nor allow the occupancy of a structure, vehicle, or property that is not designed, constructed, or approved as a permanent dwelling. 302.4 Weeds. Refer to Title IX, Chapter 151 for enforcement. 302.8. Motor Vehicles. Refer to Title IX, Chapter 151 for enforcement. 302.10 Outdoor storage of materials. Outdoor storage of materials of value shall not be permitted on a porch, in a front yard or closer than three (3) feet to a dwelling, accessory building or to side or rear lot line. Materials of value kept outside shall be stored in a safe and sanitary manner, shall not be scattered about and shall not have openings that may provide harborage for vermin. 302.11 Entry/Exit lighting requirements. Each entry or exit from or to the  57 CITY COMMISSION JUNE 13, 2023 exterior shall be equipped with an exterior wall or ceiling mounted light fixture. Basement entries that are not typically used for a common entry into the building are excluded. Such exterior fixtures shall be controlled by a wall- mounted switch located on the interior of the same entry or exit. The location of the switch shall not be obstructed by the door or any obstacle. Motion-activated or photocell lighting is acceptable in place of a wall-mounted switch located on the interior of the same entry or exit. 304.3 Premises Identification. Refer to Title IV, Chapter 51 for enforcement. 304.14 Insect screens. During the period from May through October, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. All exterior doors used by occupant(s) or the public shall include a lock in good condition in accordance with Section 702.3. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. All entry/exit doors shall be equipped with a peephole door viewer installed not more than five (5) feet from the floor and in good repair, unless the door is equipped with a window or there is a window adjacent to the door. 304.18.2 Windows. All windows of a unit that are accessible to the public shall be installed and equipped with a locking device in good repair. Every opening single or double hung sash window that is on the ground floor of a dwelling or which is otherwise readily accessible to the public shall be equipped with easily removable window pinning or other window stop devices in good repair which will secure the window in a closed position and in a partially open position of four (4) to six (6) inches for ventilation. 307.1 Handrails/Guardrails. A handrail in good repair shall be provided for any interior or exterior stairway with four (4) or more stair risers. Stairs with steps having a tread depth of more than three (3) feet need not have a handrail. Spindles meeting the requirements of the applicable locally-adopted construction code are required on handrails except for basement steps leading to an unfinished basement. Any side of an open stairway, stairwell, porch, stoop, patio or floor which is thirty (30) inches or more above the immediate adjacent step, floor or ground, shall be provided with a guardrail at least thirty- six (36) inches high for one- and two-family dwellings or forty-two (42) inches high for multi-family dwellings. Such guardrails shall be in good repair, fitted with vertical balusters, horizontal rails, masonry or other approved structural material, so that the narrowest dimension of any opening below the guardrail is not greater than four (4) inches. Any such balusters or rails shall be securely anchored and in good repair. Components of wooden balusters or rails shall  JUNE 13, 2023 CITY COMMISSION 58 have a minimum thickness of at least one-half (½) inch. Guardrails and baluster spacing of differing dimensions located within a Historic District or upon a designated Historic Landmark may be approved by the City Historic Preservation Commission to preserve original construction designs. 602.3 Heat supply. Every owner and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, either express or implied, to furnish heat to the occupants thereof shall supply heat at a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. 602.4 Occupiable work spaces. This section of the Code shall be omitted from enforcement. 603.1.1 Heating system inspections. Any heating system, heating appliance, or water heater not owned by the occupant of a unit shall be certified to be in good working condition by a City-approved licensed heating contractor no more than ninety (90) days prior to the renewal of a Certificate of Compliance under Chapter 10. 703.3-703.8 Fire-Resistance Ratings. Refer to TITLE IX, Chapter 159 for enforcement. 704.1.1-704.7 Fire Protection Systems. Refer to TITLE IX, Chapter 159 for enforcement. CHAPTER 9 REGISTRATION OF DWELLINGS 901 Registration of Rental Dwellings. 901.1 Rental dwelling defined. For the purposes of the Chapter, rental dwelling shall be defined as any dwelling which contains a dwelling unit, rooming unit or hotel unit that is not occupied as a residence by the owner; and shall include any single-family residential structure that is not occupied as a residence by the owner. 901.2 Registration of rental dwellings required. The owner of any rental dwelling shall register such dwelling with the City annually. The owner of any rental dwelling that is vacant or abandoned as defined by this Chapter shall register such property annually. 901.3 Registration of newly-constructed rental dwellings. The owner of a newly constructed rental dwelling shall register the rental dwelling with the City within thirty (30) days of issuance of a Use and Occupancy Permit. 901.4 Change in registration information. The owner of rental dwellings already registered with the City shall re-register the same within thirty (30) days of any change in the original registration information. 901.5 Change in ownership. A new owner of a rental dwelling shall register the dwelling within thirty (30) days of assuming ownership. 901.6 Registry of rental dwellings. The City shall maintain a registry of rental dwellings and rental units within the City of Grand Rapids that contains the following information: (1) The address of the rental dwelling. (2) The number and type of rental units in the dwelling. (3) The name, residence address and birth date of the owner.  59 CITY COMMISSION JUNE 13, 2023 (4) The name, residence address and birth date of the Manager or other responsible person designated by the owner. (5) The mailing address, email address and telephone number where the owner and or other responsible person will accept notices and calls from the City. 901.7 Inaccurate or incomplete registration information. It shall be a violation of this Code for an owner or a responsible person to provide inaccurate information for the registration of rental dwellings or to fail to provide information required by the City. When the owner is not a natural person, the owner information shall be that of the President, General Manager, resident agent, or other chief executive officer of the organization. Where more than one (1) natural person has an ownership interest, the required information shall be provided for each owner. 902 Registration of Abandoned or Vacant Structures. 902.1 Abandoned or vacant structures defined. For purposes of the Chapter, abandoned or vacant structure shall be defined as a structure that has not been occupied by a human for a time exceeding thirty (30) days and meets any of the following criteria: (1) Is a location for loitering, vagrancy, unauthorized entry or other criminal activity; (2) Has one or more broken or boarded windows or unsecured point of entry; (3) Has taxes in arrears for a period of time exceeding 365 days; (4) Has utilities disconnected or not in use; (5) Is not maintained in compliance with this Code; or (6) Is subject to foreclosure as defined herein. 902.2 Prompt registration required. An owner of an abandoned or vacant structure as defined by this Chapter shall be required to register such property within fifteen (15) days after: (1) The structure has become abandoned or vacant as defined by this Chapter; or (2) The structure becomes subject to foreclosure, or (3) The date of notice by the City that the structure has been declared abandoned or vacant, whichever is earlier; or (4) In the case of foreclosure, the mortgagee that has foreclosed on abandoned or vacant property shall register said property within fifteen (15) days of the expiration of the redemption period. Registration requirements shall not preclude the City from taking appropriate actions to secure the property; or to issue notices of violation or notices to abate; or from acting upon imminent hazard(s). Foreclosure is defined as the process by which a mortgage, security interest or lien is enforced against a parcel of real property through sale or offering for sale the real property to satisfy a debt or claim. For purposes of this Chapter, a notice of foreclosure and/or a notice of trustee's sale, a pending tax sale, and/or properties that have been the subject of a foreclosure sale  JUNE 13, 2023 CITY COMMISSION 60 where the title was retained by the beneficiary of a mortgage involved in the foreclosure, and/or that have transferred under a deed in lieu of foreclosure/sale shall constitute the foreclosure of property. 902.3 Annual registration required. Once an abandoned or vacant structure has been registered by the owner under this Chapter, such registration shall be valid and effective for 365 days from the date of registration and shall be renewed annually thereafter until the property is no longer abandoned or vacant as defined in this section. 902.4 Requirement to keep information current. If at any time the information contained in the registration is no longer valid, then the property owner shall file an updated registration within fifteen (15) days. There shall be no fee to update the current owner's information. 902.5 Registration information regarding abandoned or vacant structures. Every abandoned or vacant structure within the City of Grand Rapids shall be registered with the City by the owner(s). Such owner(s) shall register such structure with the City, and shall provide the following information: (1) Address of the abandoned or vacant structure. (2) Date upon which the structure became vacant or abandoned. (3) The name, address, email address, phone number and birth date of the owner(s). (4) The name, address, email address, phone number and birth date of the manager, agent, or representative designated by the owner; or responsible person as defined in this Chapter. (5) Additional information as requested. 902.6 Occupancy prohibited. An abandoned structure shall not be occupied until all violations have been corrected in accordance with the applicable requirements of the Michigan Building Code, Michigan Electrical Code, Michigan Mechanical Code, Michigan Plumbing Code and applicable provisions of the Grand Rapids City Code of Ordinances. All mechanical, electrical, plumbing, and structural systems shall be certified by a licensed contractor as being in good repair. CHAPTER 10 CERTIFICATES OF COMPLIANCE 1000 Certificates of Compliance. 1000.1 Certificate of Compliance required. Any rental dwelling or any dwelling containing at least one (1) rental unit, hotel unit or rooming unit, shall be in substantial compliance with the provisions of this Chapter. No rental dwelling, rental unit, hotel unit or rooming unit shall be occupied prior to the issuance of a Certificate of Compliance. 1000.2 Standards for issuance of Certificate of Compliance. The City shall issue a Certificate of Compliance for a rental dwelling where the City finds that the structure, rental dwelling, its units, accessory buildings and yards are in compliance with the provisions of this Chapter. 1000 .3 Validity of Certificate of Compliance. (1) Six-year Certificate of Compliance. A Certificate of Compliance shall 61 CITY COMMISSION JUNE 13, 2023 be valid for no more than six (6) years. Each Certificate shall contain an expiration date. For any rental dwelling, a six-year Certificate of Compliance shall be issued provided: (a) The property has been owned by the same owner since the last certification. (b) The property has no recorded or verified violations since the last certification. (c) The property owner contacts the City for a Certificate of Compliance inspection within ninety (90) days prior to the expiration of the current Certificate of Compliance. (d) The property is registered prior to the expiration of the Certificate of Compliance. (e) No outstanding fees, taxes, or assessments are assessed against the property. (f) The previous Certificate of Compliance for the property was not a two-year certificate. (2) Four-year Certificate of Compliance. For any rental dwelling, a four- year Certificate of Compliance shall be issued provided: (a) The property owner contacts the City for a Certificate of Compliance inspection within ninety (90) days prior to the current Certificate of Compliance expiration date. (b) The property is registered prior to the Certificate of Compliance expiration date. (c) The property is brought into compliance either prior to the Certification expiration date or within the time frame provided in the Notice of Violation, including deferred due dates. The Notice of Violation shall be issued before the Certificate of Compliance expires and shall serve as a temporary Certificate of Compliance. (3) Two-year Certificate of Compliance. For any rental dwelling, a two- year Certificate of Compliance shall be issued if all of the conditions of either a six-year Certificate of Compliance or four-year Certificate of Compliance required by Section 1000.3(1) or 1000.3(2) have not been met. (4) Certification of newly-constructed rental dwellings. A six-year Certificate of Compliance may also be granted for a newly- constructed rental dwelling, which has been granted a Use and Occupancy Permit by the City. (5) Certification inspections. All units shall be inspected in rental dwellings that contain sixteen (16) or more units and/or each parcel containing four (4) or more rental dwellings, except where: (a) The property owner contacts the City for a Certificate of Compliance inspection within ninety (90) days prior to the expiration of the current Certificate; and (b) The property owner registers the property prior to the current Certificate of Compliance expiration date. If both of  JUNE 13, 2023 CITY COMMISSION 62 the above conditions are met, only fifty (50) percent of the units shall be inspected. The units inspected shall be chosen at random by the inspector. For each unit where a violation is discovered, an additional unit shall be added to the total number of units inspected. (6) Condominiums. For purposes of this Chapter, a condominium is defined as a building or buildings that contain individually owned apartments, units, or homes where the interior maintenance is the responsibility of the unit owner and the exterior environment responsibility remains with the condominium association. For the purpose of certification, the following shall apply: (a) If the owner lives in the condominium unit of which they are the owner and occupant, no certification or registration is required. (b) If the owner owns an individual unit of which they are not the occupant, the condominium will be considered a single-family rental and shall comply with all registration and certification requirements as that of other single-family rentals. (c) When the developer has condominiums for sale that are not sold but are rented or vacant, for purposes of this Article, shall be considered a multiple unit property for certification and registration purposes. (7) Transfer of Certificate of Compliance. A Certificate of Compliance is valid only while the owner that applied for the Certificate owns the property. A Certificate of Compliance may be transferred if: (a) The sale occurs within 365 days of the issuance of the Certificate of Compliance to the seller, and (b) The buyer notifies the City of the transfer of ownership within thirty (30) days of the sale. Such transferred Certificate will expire upon the date stated on the Certificate. A six-year Certificate of Compliance shall not be transferred to a new owner. A six-year Certificate, when transferred to a new owner within 365 days of the issuance of the Certificate of Compliance, shall revert to a four-year Certificate of Compliance. 1000.4 Suspension of Certificate of Compliance. (1) A Certificate of Compliance may be suspended when the City has cited a substantial violation of the provisions of this Chapter, and shall be suspended if a hazard to health or safety is found to be present. If a Certificate of Compliance is suspended, the suspension shall be noted in the Notice of Violation. (2) Failure of a buyer to notify the City of the change in ownership pursuant to the requirements of Section 1000.3(7)(b) shall result in suspension of the Certificate of Compliance. A new Certificate issued subsequent to a suspension shall be retroactive to the date  63 CITY COMMISSION JUNE 13, 2023 of sale, with the owner responsible for all applicable fees from that date. (3) Where a Certificate of Compliance has been suspended, or when the premises have not been issued a Certificate of Compliance, the City may seek to suspend payments of rent, with such rents paid into an escrow account established pursuant to State law. 1000.5 Expiration of Certificate of Compliance. A Certificate of Compliance shall expire on the date stated on the Certificate. It shall be a violation of this Chapter for any unit in a rental dwelling to be occupied sixty (60) days after the expiration of the Certificate of Compliance. 1000.6 Renewal of Certificate of Compliance. The owner shall be responsible for registering a rental dwelling and arranging a compliance inspection prior to the expiration date on the Certificate of Compliance. When a Certificate of Compliance is reissued in accordance with this Chapter, it shall have a two-, four-, or six-year expiration date with the same month and day as shown on the previous Certificate regardless of the date that the new Certificate is actually issued. 1000.7 Certificate of Compliance not required. A Certificate of Compliance shall not be required for living or sleeping accommodations in jails, hospitals, skilled care facilities, school dormitories, assisted living facilities, foster homes, or where periodic inspections by the City are not otherwise required by law. CHAPTER 11 ANIMALS 1101 Domestic Animals. If an occupant or owner keeps or allows domestic animals within a dwelling, in a yard, in a structure, or upon a property, the occupant or owner shall remove any odorous or unsanitary condition. The property owner shall be responsible for the repair of any damage to the dwelling, structure or yard caused by the animals and shall be responsible for any unsafe condition. For purposes of the Chapter, domestic animals shall mean any animal that the City determines is not likely to bite without provocation nor cause death, maiming or illness of a human, including but not limited to the following: bird (caged), cat (domestic), chinchilla, ferret, dog (domestic), fish, lizard (non-venomous), snake (non-venomous), spider (non- venomous or non-poisonous). 1102 Farm Animals. No farm animal shall be kept or allowed to be kept within any dwelling or dwelling unit or within one hundred (100) feet of any dwelling, dwelling unit, well, spring, stream, drainage ditch or drain. For purposes of this Chapter, farm animals shall mean any horse, swine, cattle, sheep, goat, llama, chicken, goose, duck or turkey. Farm animal also means any other Animal, raised for commercial profit, slaughter, or more than 2 breeder rabbits. 1103 Wild Animals. Any animal not a domestic animal or farm animal, as defined by this Chapter, is a wild animal, and shall not be kept or allowed on any property in the City of Grand Rapids. CHAPTER 12 LEAD-BASED PAINT  JUNE 13, 2023 CITY COMMISSION 64 1200 Lead-based paint. It shall be required to perform activities that identify the presence of lead violations in the interior and on the exterior of residential structures in which initial construction was completed prior to January 1, 1978, and such violations shall be addressed in keeping with local, state, and federal guidelines. 1201 Definitions. As used in this chapter, the following terms shall have the meanings indicated. All other terms related to the evaluation, control, and abatement of lead-based paint hazards are used as defined in the Michigan Lead Abatement Act. (1) Michigan Lead Abatement Act shall mean the State of Michigan statute that addresses the evaluation, control, and abatement of lead hazards, the licensing of lead professionals, and other State laws pertaining to lead hazards as found in the Michigan Public Health Code, Act 368 of 1978 Part 54A. References to the Act include the State’s promulgated rules for implementation of the Act. (2) Federal Statute shall mean the federal statute that addresses the evaluation, control, and abatement of lead-based paint hazards in housing as found in 40 CFR Part 745 and 24 CFR Part 35, both entitled “Lead-Based Paint Poisoning Prevention in Certain Residential Structures.” (3) Clearance Examination shall mean an activity conducted in compliance with the Work Practice Standards of the Michigan Lead Abatement Act, R225.9940 et seq., by third-party, certified personnel following lead-based paint hazard reduction and/or the repair of cited violations for which Renovation, Repair and Painting Program (RRP) certification is required to determine that the lead- based paint hazard reduction activities are complete and that no settled lead-dust hazards exist in the dwelling unit or worksite. (4) Deteriorated Paint shall mean any interior or exterior paint or other coating that, through a visual assessment, is found to be peeling, chipping, crazing, flaking, abrading, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate, or a chewable surface that contains visual signs of chewing. (5) Dwelling Unit shall mean, for the purpose of this Chapter, a unit that meets one of the following criteria. (a) A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation; or (b) A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower; or (c) Any room or group of rooms forming a single habitable unit 65 CITY COMMISSION JUNE 13, 2023 occupied or intended to be occupied for sleeping or living, but not for cooking purposes. A basement or attic that is accessible from inside a dwelling unit is considered to be part of the dwelling unit. Common areas and basements and/or attics that are only accessible through a common area or from the exterior of a residential property are not considered to be part of the dwelling unit. (8) Evaluation shall mean a risk assessment, a lead-dust screening, a lead-based paint investigation, paint testing, a clearance examination, or a combination of these to determine the presence of lead violations or lead-based paint. (9) Lead-Based Paint Enforcement Threshold shall mean the measure of deteriorated paint inside a dwelling unit not to exceed: (a) Two (2) square feet in any one interior room or space, or (b) Ten percent (10%) of the total surface area on an interior component type with a small surface area (such as windowsills, baseboards, or trim). When determining if a deteriorated lead-based paint violation is interior or exterior as it relates to windows, in addition to that portion of the window component that faces the interior, all exterior- facing portions of the window component, except for the exterior frame or trim, are considered to be interior. (10) Lead-Based Paint Hazard Reduction Activities shall mean measures designed to reduce or eliminate human exposure to lead hazards through methods including interim controls or abatement or a combination of the two conducted in compliance with the Work Practice Standards of the Michigan Lead Abatement Act, R325.99401 et seq. (11) Lead-Based Paint Violation shall mean any deteriorated paint condition in pre-1978 housing subject to the presumptions and obligations in Section 1202. (12) Lead-Dust Violation shall mean the presence of lead content in household dust exceeding the current standards set forth in Section 1206(1)(e) as determined by a dust wipe taken in accordance with Section 1206(1). (13) Lead Violation shall mean the presence of lead-based paint violation, lead-dust violation, or bare soil located within thirty (30) inches of the foundation wall of any pre-1978 residential structure subject to the presumptions and obligations of Section 1202. For the purposes of this ordinance, lead in drinking water or consumer products are not considered to be lead violations. (14) Lead-Dust Screening shall mean a limited lead-based paint and lead-dust activity that is required for all pre-1978 residential rental properties that pass visual inspection and to assure that the lead content in household dust falls below the levels as prescribed in Section 1206 (1)(e). A lead-dust screening includes a visual  JUNE 13, 2023 CITY COMMISSION 66 inspection for failing paint above the lead-based paint enforcement threshold and/or other lead-based paint and lead-dust violations. A lead-dust screening includes the collection of a limited number of dust wipes as required in Section 1204 and the issuance of a “Lead Dust Screening Report” for the purposes of monitoring lead-safe property maintenance. (15) Residential Property shall mean property zoned for living or dwelling for individuals or households that include one or more dwelling units. The residential property includes any common areas, building exterior surfaces, and any surrounding land, including outbuildings, fences and play equipment affixed to the land, belonging to an owner and available for use by residents. (16) Residential Structure shall mean any structure on a residential property, including but not limited to, a house, garage, building, outbuildings, or fence. (17) Renovation, Repair and Painting Program (RRP) shall mean the U.S. Environmental Protection Agency (EPA) statute (40 CFR Part 745) that requires certification for all home improvement contractors, property management firms, handypersons or others compensated for renovation work that involves window replacement or that disturbs more than six (6) square feet of interior and/or twenty (20) square feet of exterior paint or surface coating in pre- 1978 residential housing and child-occupied facilities. This EPA requirement also applies to rental property owners working on rental properties. The individual must complete training, use safe work practices, and verify that the work area is clean after completion of renovations, all of which are defined by the federal statute. (18) Visual Assessment shall mean a visual examination of all surfaces within the dwelling unit. A visual assessment shall not be considered to be complete if the examining individual is locked out or otherwise prevented from inspecting any room or space within the dwelling unit. For the purpose of determining whether or not a deteriorated lead-based paint violation is interior or exterior as it relates to windows, in addition to that portion of the window component that faces the interior, all exterior-facing portions of the window component, with the exception of the exterior frame or trim, are considered to be interior. (19) Worksite shall mean an interior or exterior area where lead-based paint hazard reduction activity takes place. There may be more than one worksite in a dwelling unit or at a residential property. 1202 Presumptions and obligations. (1) Presumptions. (a) For purposes of this Chapter, all paint on the interior or exterior of any residential structure on which the original construction was completed prior to January 1, 1978, shall be presumed to be lead-based.  67 CITY COMMISSION JUNE 13, 2023 (b) Loose paint particles shall be presumed to be a lead violation. If the loose paint on the cited surface can be satisfactorily demonstrated to not contain lead, no lead violation shall exist. (2) Obligations. (a) Any person seeking to rebut these presumptions shall establish through the means set forth in 1205 that the paint on the residential structure in question is not lead-based paint. (b) Residential rental dwellings shall be maintained free of deteriorated paint exceeding lead-based paint enforcement threshold. (c) Residential rental dwellings shall be maintained free of lead-dust violations. 1203 Lead violations. 1203.1 Deteriorated lead-based paint violation. The interior of any residential structure on which the original construction was completed prior to 1978, shall be maintained in a condition such that the paint thereon does not become deteriorated paint exceeding the lead-based paint enforcement threshold of this Chapter. 1203.2 Bare soil violation. From May 1 through October 31, bare soil located within thirty (30) inches of the foundation wall of any residential structure is prohibited and shall be presumed to be a lead violation. Such presumed lead violation shall be corrected by proper installation of dense vegetation, permanent paving material, or a minimum six-inch deep cover of loose material such as bark, wood chips, or stone, unless the owner provides testing performed by a Risk Assessor or Lead Paint Inspector that the cited soil does not contain lead hazards as defined by federal statute (40 CFR Part 745 Subpart D Section 745.6(4)(c)). 1203.3 Loose paint particles, removal required. The owner of a dwelling or dwelling unit shall not allow loose paint particles in the interior or exterior of a dwelling or dwelling unit. 1203.4 Lead-dust violation. A lead-dust violation shall be identified and cited in accordance with the procedures set forth in Section 1204. 1203.5 Lead-dust sampling violation. A lead-dust sampling violation shall be cited upon a failure by an owner of a residential property to timely cause dust samples to be taken and certified test results to be submitted to the Department in accordance with the procedures set forth in Sections 1204 and 1206. 1204 Inspections for lead violations. 1204.1 Inspections for lead violations for Certificate of Compliance. All inspections performed on pre-1978 properties to obtain a Certificate of Compliance shall include a visual assessment for deteriorated paint and bare soil violations in accordance as follows: (1) When the visual assessment identifies no interior deteriorated lead- based paint violation in rental dwellings, the owner shall cause dust  JUNE 13, 2023 CITY COMMISSION 68 samples to be taken and certified test results to be obtained in accordance with the protocols established for a lead-dust screening in Section 1206 to determine whether a lead-dust violation exists. For rental dwellings containing sixteen (16) or more dwelling units, the owner shall cause dust samples to be taken in units inspected. (2) The owner shall cause dust samples for the lead-dust screening to be taken and shall submit all certified test results to the Department prior to the renewal of a Certificate of Compliance under Chapter 10. If all certified results are not submitted within the specified time, a lead-dust sampling violation shall be cited. Where dust sample results are greater than or equal to the levels permitted in Section 1205(1)(e), they shall be cited and additional dust wipe samples shall be taken in the subject areas following cleaning and other lead-dust reduction activities until all said areas are found to be below the listed thresholds. 1204.2 Inspections for lead violations upon complaint. The Department may cite deteriorated lead-based paint (Section 1203.1), bare soil (Section 1203.2), and loose paint particles (Section 1203.3) upon complaint. 1205 Remedy for violations. Following a visual assessment which results in the citation of a deteriorated lead-based paint violation, the violation may be removed only by one of the following methods: (1) Certification by a lead-based paint inspector or risk assessor that the residential property has been determined not to contain lead- based paint through a lead inspection conducted in accordance with the Work Practice Standards of the Michigan Lead Abatement Act, R325.99401 et seq. (2) Certification by a lead-based paint inspector or risk assessor that all cited violations of Section 1203 have been abated, or interim controls implemented, and clearance has been achieved in accordance with standards found in Section 1206; provided, however, that the residential property has been inspected pursuant to those standards after the deteriorated paint or lead-dust violation was last cited, including a full visual assessment. 1206 Standards for lead safety inspection and report. (1) The following standards are required for the dust sampling for a lead-dust screening required by Section 1204: (a) Qualified personnel. Whereas the lead-dust screening by itself does not meet the State standard for clearance, the lead-dust screening shall only be conducted by a state- certified lead inspector, risk assessor, or any similar state- certified personnel that have been trained and certified to collect dust samples for the purposes of conducting clearance pursuant to the Certified Individuals and Firms section of the Michigan Lead Abatement Act, R325.99301 et seq., and whose approval to conduct such dust wipe tests in the city is not subject to State or local suspension 69 CITY COMMISSION JUNE 13, 2023 or revocation. (b) Examination requirements. Dust samples shall be collected and analyzed in accordance with this section. 1. Dust samples shall be wipe samples taken on interior windowsills and floors, excluding open porches. 2. Dust samples shall be taken from each of no more than four rooms. The selection of rooms to be tested, where applicable, shall include no less than one bedroom and the living room. At least one wipe sample shall be taken from a windowsill with a paint history, if present, and one from a floor in each room. Where there are less than four rooms, then all rooms shall be sampled. 3. The method for collecting dust samples shall include: (i) Laying out the sample area by using a template or tape to outline the area; (ii) Labeling each tube with its own identification number to be recorded on the sample collection form; (iii) Putting on clean gloves before taking each sample; and not touching anything other than the wipe after putting on the gloves; (iv) Using an unused wipe to sample the entire area inside the template or tape as follows: (a) Starting in the upper corner of the sample area, use a side-to-side motion, wiping the entire area, pressing firmly with the fingers; (b) Fold the wipe sample in half, dirty side in; (c) With the clean side of the sample and starting at the upper corner, use a top-to-bottom motion, wiping the entire area, pressing firmly with the fingers; (d) Fold the wipe sample in half again, dirty side in; (e) With the clean side of the sample, wipe around the entire perimeter, cleaning the corners, fold the sample; and (f) Place the folded wipe sample in the tube. JUNE 13, 2023 CITY COMMISSION 70 (v) Writing down the measurements of the sample area on the collection form; (vi) Cleaning the sampling equipment after each wipe sample is taken; (vii) Forwarding wipe samples to an authorized laboratory. 4. Dust samples shall be analyzed by a laboratory recognized by the EPA pursuant to the Toxic Substances Control Act as being capable of performing analysis for lead compounds in dust samples. (c) Coordination with federal and state-funded lead abatement projects. For properties participating in lead abatement activities funded by U.S. Department of Housing and Urban Development or funding administered by the Michigan Department of Health and Human Services, a clearance examination conducted in compliance with the Work Practice Standards of the Michigan Lead Abatement Act, R325.99401 et seq., shall meet the required activities standard of this section. (d) Report. The certified person or firm completing the lead- dust screening shall submit directly to the City a report that is prepared according to this section. 1. The report shall include the following information: (i) The address of the residential property and, if only part of a multifamily residential property is affected, the specific dwelling units and common areas affected; (ii) The date(s) of the examination; (iii) The name, address, and signature of each person performing the examination, including the person’s State certification number; (iv) The results of the visual assessment for the presence of deteriorated paint and visible dust, debris, residue or paint chips; (v) The results of the analysis of dust samples, in ug per square foot, by location of sample; and (vi) The name and address of each laboratory that conducted the analysis of the dust samples, including the identification number for each such laboratory recognized by the EPA pursuant to the Toxic Substances Control Act. 2. The report must be for required activities 71 CITY COMMISSION JUNE 13, 2023 conducted no more than 90 days prior to the expiration date of the Certificate of Compliance, or one year if coordinated with a federal or state- funded lead abatement project as described in Section 1206 (1)(c). (e) Lead-dust screening dust standards. Where dust sampling is required by Section 1204, local lead-dust standards will apply and shall be the same as the December 2022 EPA lead hazard standards. These local standards are subject to change. 1. Dust sample results shall be less than: (i) For floors: 10 ug/ft2; (ii) For windowsills: 100 ug/ft2; and 2. Where dust sample results are greater than or equal to the levels above, additional dust wipe samples shall be taken in the subject areas until all said areas are found to be below the listed thresholds. (2) Standards to remedy Section 1205(2) deteriorated lead-based paint violations shall comply with the following: (a) Qualified personnel. A clearance report shall only be issued by state-certified lead inspector, risk assessor, clearance technician, or any similar state certified personnel permitted to collect dust samples for evaluation pursuant to the Work Practice Standards of the Michigan Lead Abatement Act, R325.99401 et seq. (b) Examination and report. Examination procedures and report preparation must follow the procedures set forth in the Work Practice Standards of the Michigan Lead Abatement Act, R325.99401 et seq. (c) Clearance standards. The standards for clearance of abatement activities shall follow the Federal statute (40 CFR Part 745 Subpart L-Lead-Based Paint Activities, 745.227). (3) Validity of wipe test results. For the purposes of meeting the requirement in Section 1204, the results of all successful wipe tests shall be valid for the period of the current Certificate of Compliance unless a subsequent inspection of the dwelling unit conducted by a government entity or their contractor identifies a lead-dust violation, which would immediately cause the previous wipe test results to be invalid. (4) Requirement to avoid conflict of interest. All lead-dust screening and clearance examinations shall be performed by state-certified persons and entities independent of those who have an ownership or other financial or business interest in the residential property cited. In no instance shall entities conduct lead-dust screening  JUNE 13, 2023 CITY COMMISSION 72 activities for another person or entity that provides services in return. (5) Consistency and compliance efforts. Random audits may be performed on third-party service providers to ensure consistency and compliance with the required lead-dust screening and clearance standards. Non-random audits may also be performed based on a reasonable suspicion that a third-party service provider is not providing proper tests. Reasonable suspicion includes, but is not limited to, complaints received about the provider or about a specific residential property inspected by the provider. If the audit results indicate noncompliance with these standards or otherwise call into question the integrity of the individual or firm to satisfy the requirements of this section, the code official may reject individual reports and may bar individuals, corporations, and/or associations from submitting reports in the future. The code official will set forth the reason for rejection and/or barring in writing to the issuer of the reports and any other affiliated persons, corporations and/or associations. 1207 Lead-based paint hazard reduction activities and control. Any person disturbing or removing paint, or in any other way generating excessive dust or debris during work, on the interior or exterior of any residential structure on which construction was completed before 1978, must use lead-safe work practices as described and regulated in the federal statute. All interim controls and maintenance activities must comply with the Renovation, Repair and Painting Program (RRP). If interim controls are part of a wider abatement project, they must also comply with the requirements of the Michigan Lead Abatement Act. All abatement activities must be conducted according to the requirements of the Michigan Lead Abatement Act. 1208 Exemptions. (1) The requirements of Section 1203.4 and Section 1203.5 shall not include: (a) Single-family, owner-occupied dwellings. (b) Any rental dwelling that is designated for occupants fifty- five (55) years of age or older and is in compliance with the housing for older persons exemption under the Fair Housing Act. (c) Hotel and motel rooming units that are not extended stay facilities. (2) Any rental dwelling exempt under Section 1000.7 of this Code. This exemption does not exempt a residential property from a dust sampling required by any other local, state, or federal law, rule, or regulation. 1209 Occupant protection. (1) Occupants shall not be permitted to enter the worksite during lead- based paint hazard reduction activities or RRP-regulated maintenance activities (unless they are employed in the conduct of  73 CITY COMMISSION JUNE 13, 2023 these activities at the worksite) until after lead-based paint hazard reduction activities or RRP-regulated maintenance activities have been completed, including until any required clearance has been achieved. (2) Occupants shall be temporarily relocated during interior lead-based paint hazard reduction activities or RRP-regulated maintenance activities where the occupants do not have safe daily access to sleeping areas, bathroom, and kitchen facilities for more than eight (8) hours. The occupant shall not be permitted reentry until any required clearance examination can be successfully completed on the occupant's unit. (3) During relocation, the dwelling unit and the worksite shall be secured against unauthorized entry. Occupant belongings shall be protected from contamination by lead-dust and debris during lead- based paint hazard reduction activities or RRP-regulated maintenance activities. Occupant belongings in the containment area shall be relocated to a safe and secure area outside the containment area or covered with an impermeable covering with all seams and edges taped or otherwise sealed. 1210 Coordination with local public health. The Department may provide reasonable assistance to government agencies working to address lead exposure in housing where an active investigation is being conducted and a child with an elevated blood lead level resides or is known to frequent. These government agencies shall include, but are not limited to, the Kent County Health Department (KCHD), the Michigan Department of Health and Human Services (MDHHS), the U.S. Environmental Protection Agency (EPA), and the U.S. Department of Housing and Urban Development (HUD). (1) A Certificate of Compliance may be suspended upon a government entity providing evidence that lead dust exceeding the standards set forth in Section 1206(1)(e) exists at the property. (a) Evidence for suspension. To suspend the Certificate of Compliance, the City must receive evidence within thirty (30) days of inspection. This evidence shall be a copy of a lead risk assessment or other related lead evaluation report(s) conducted by or on behalf of the government entity. Those reports must be prepared by personnel certified by the State to conduct lead evaluation activities pursuant to the Certified Individuals and Firms section of the Michigan Lead Abatement Act, R325.99301 et seq. (b) Reinstatement of Certificate of Compliance. The Certificate of Compliance will not be reinstated until subsequent clearance of the specific lead violations cited in the provided report has been documented. This documentation must be received directly from a government agency and/or an independent and appropriately State-certified lead evaluation professional.  JUNE 13, 2023 CITY COMMISSION 74 The expiration of the reinstated Certificate will be the same as the original Certificate. (2) A new or renewed Certificate of Compliance may be denied for any residential property currently under orders to abate lead hazards from a government agency.” Section 5. That this ordinance shall be effective as of January 1, 2024. PUBLIC HEARINGS 92675 Result: Referred to Community Development Committee. Public hearing to consider a Brownfield Plan Amendment for the Next Step Redevelopment Project at 101, 119, and 135 Garden Street SE and 1417 and 1427 Jefferson Avenue SE CITY COMMISSION RESOLUTIONS Result: Adopted. Mover: O’Connor. Supporter: Perdue. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Knight Excused: Drew Robbins Motion to suspend the rules. 92676 Result: Adopted. Mover: Moody. Supporter: O’Connor. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Knight Excused: Drew Robbins WHEREAS: 1. The City Commission approved a Brownfield Plan (the “Plan”) for the City of Grand Rapids Brownfield Redevelopment Authority (the “Authority”) on December 22, 1998, pursuant to the Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of 1996, as amended, MCL 125.2651 et seq. (“Act 381”); and 2. The Board of the Authority has recommended an amendment to the Plan for Next Step Redevelopment Project (the “Project”) described therein (the “Amendment”); and 3. The City Commission has held a public hearing on June 13, 2023, on the Amendment after notice in accordance with the requirements of Act 381; therefore RESOLVED: 1. That the Amendment constitutes a public purpose under Act 381; and  75 CITY COMMISSION JUNE 13, 2023 2. That the Amendment meets all the requirements of Section 13(1) of Act 381; and 3. That the proposed method of financing the costs of the eligible activities, as identified in the Amendment and defined in Act 381, is feasible and the Authority has the authority to arrange the financing; and 4. That the costs of the eligible activities proposed in the Amendment are reasonable and necessary to carry out the purposes of Act 381; and 5. That the amount of captured taxable value estimated to result from the adoption of the Amendment is reasonable; and 6. That the Amendment in the form presented is approved; and 7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. ADJOURNMENT Commission adjourned at 9:04 PM JOEL H. HONDORP City Clerk