City Commission - Regular Session

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, August 8, 2023 CALL TO ORDER Commission was called to order by Mayor Rosalynn Bliss at 2:00 PM. ROLL CALL Present: Mayor Bliss, Commissioner O’Connor, Commissioner Ysasi, Commissioner Moody, Commissioner Perdue, Commissioner Robbins, Commissioner Knight Absent: None. The roll was called by the City Clerk. APPROVAL OF MINUTES On the motion of Com. Jon O’Connor, supported by Com. Kelsey Perdue, the reading of the minutes of the Regular Session of July 25, 2023 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92807 Result: Referred to Committee on Appointments. Communication from Robert Herr regarding their resignation from the Downtown Improvement District Board. 92808 Result: Received and Filed. Communication received from Mark Baker expressing opposition to entering into an agreement with MDOT for the purchase and installation of Rectangular Flashing Beacons. REPORTS OF CITY OFFICERS 92809 Result: Received and Filed. City Manager Memo to Grand Rapids Public Schools re: Summary of City of Grand Rapids Actions to Reduce Gun Violence and Promote Gun Safety. 92810 Result: Received and Filed. Comptroller’s report for the period of July 12, 2023, through July 20, 2023 in the amount of $43,899,379.19. 1  AUGUST 8, 2023 CITY COMMISSION 2 92811 Result: Received and Filed. Treasurer’s report for the period of July 13, 2023 through July 25, 2023. CONSENT AGENDA A. CONSENT AGENDA APPROVAL 92812 Result: Adopted. Mover: O’Connor. Supporter: Perdue. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS C. FISCAL COMMITTEE 92813 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The Utility Business Office recommends that $8,091.21 of water and sewer utility accounts be written off as bad debt; and 2. The total amount includes final eligible accounts that meet the write-off policy thresholds, tax-reverted properties, and miscellaneous write-offs per City Commission Policy 400-02; and 3. The expense should be recorded in FY2023; therefore RESOLVED that the City Commission authorize the water and sewer write-off amount of $8,091.21 for FY2023. 92814 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That the City Commission authorizes acceptance of a grant award for GR Outside in the amount of $25,000; and 2. That an agreement between the City of Grand Rapids and Outdoor Foundation be approved, and the Mayor is authorized to execute said agreement and related documents upon approval as to form by the City Attorney; and 3. That the period of performance is through June 30, 2024.  3 CITY COMMISSION AUGUST 8, 2023 92815 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. Stormwater bio-retention islands were installed within the City of Grand Rapids on Plainfield Avenue Northeast between Page Street Northeast and 250 feet north of Ann Street Northeast; and 2. The City of Grand Rapids has transferred all funds from sponsorships collected to support the creation and maintenance of those bio-retention islands to the North Quarter Corridor Improvement Authority; and 3. The North Quarter Corridor Improvement Authority, pursuit to its authority under Michigan Public Act 57, can improve land within the development area and enter into agreements necessary and incidental to the exercise of its powers and performance of its duties, wishes to assume responsibility for the ongoing maintenance contemplated upon creation of the bio- retention islands. RESOLVED: A Memorandum of Understanding, in a form to be approved by the City Attorney, with the North Quarter Corridor Improvement Authority is hereby approved and the Mayor is authorized to execute the same on behalf of the City. 92816 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 authorizing 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; and 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 $453,279.00 from the Sewer System Fund Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $453,279.00 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.  AUGUST 8, 2023 CITY COMMISSION 4 92817 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. On July 11, 2023 (Proceeding No. 92710), the City Commission approved awarding a contract to Lodestar Construction, Inc. and authorizing expenditures in connection with the project Reconstruction of Milton Street from Carlton Avenue to Norwood Avenue. 2. It is necessary to supplement the project budget for Reconstruction of Milton Street from Carlton Avenue to Norwood Avenue by transferring previously approved budget amounts of $104,392 from the Water System and Sewer System Funds Infrastructure Investment Project accounts; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $104,392 for Reconstruction of Milton Street from Carlton Avenue to Norwood Avenue be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 92818 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That a Donated Funds Agreement between the City and the Michigan Department of Health and Human Services (MDHHS) for the Grand Rapids Eviction Prevention Program in an amount “not-to-exceed” Seventy-Five Thousand Dollars ($75,000) is hereby approved; and 2. That the agreement period shall be from October 1, 2023 through September 30, 2024; and 3. That, after approval by the City Attorney, the Mayor is authorized to execute said agreement, related documents, and necessary modifications and extensions of time. 92819 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That the City accepts a grant award in the amount of $700,000 from the Michigan Department of Health and Human Services for the FY 2024 Michigan Medicaid CHIP Lead Hazard Control Community Development grant program; and  5 CITY COMMISSION AUGUST 8, 2023 2. That an agreement between the City and the Michigan Department of Health and Human Services for the FY 2024 Michigan Medicaid CHIP Lead Hazard Control Community Development grant program be approved, and the Mayor is authorized to execute said agreement and any amendments thereto in a form approved by the City Attorney; and 3. That contractual agreements and/or memoranda of understanding may be executed with organizations to carry out activities specified in the grant agreement, and the Mayor is authorized to execute said agreements; to approve amendments, including extensions to periods of performance and non-substantial project amendments; and other necessary documents related to the grant in a form approved by the City Attorney. 92820 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, the Grand Rapids City Commission hereby determines that the GRACE Homes project is qualified for, and should be granted, the exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements, as provided in the State Housing Development Authority Act; therefore RESOLVED: 1. That pursuant to Section 15(a) of the State Housing Development Authority Act and Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the City Commission hereby conditionally approves, subject to the receipt of the “Notification to Local Assessor of Exemption” from the Michigan State Housing Development Authority, an exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements for the Community Rebuilders Limited Dividend Housing Association, LLC and its successors and assigns, for the following parcel of property: Lots 25 and 26, Davis, Turner & Caroll's Addition to the City of Grand Rapids, according to the recorded plat thereof, as recorded in Liber 8 of Plats on Page 8. Permanent Parcel Number: 41-18-06-101-046 Commonly known as 1219 Euclid Avenue SE for a term not to exceed twenty (20) years, provided however, upon verification by the owner to the City of a different term of a Federally- aided or Authority-aided mortgage, or Authority-aided advance or grant, the tax exemption shall be for the term of the actual assistance, not to exceed fifty (50) years. The tax exemption shall be effective on the December 31 immediately succeeding the receipt of the "Notification to Local Assessor of Exemption" from the Michigan State  AUGUST 8, 2023 CITY COMMISSION 6 Housing Development Authority for said parcels. Notwithstanding the provisions of Section 15(a)(5) of the State Housing Development Authority Act to the contrary, a contract to provide tax exemption and accept payment in lieu of taxes, as previously described, between the City of Grand Rapids and the Community Rebuilders Limited Dividend Housing Association, LLC with the Michigan State Housing Development Authority as third party beneficiary under this contract, is effectuated by the adoption of this resolution; and 2. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall pay a service charge in the amount equal to one percent (1%) of the annual shelter rental receipts for the rent restricted units occupied by low-income families and their pro-rated share of land and improvements (“Annual Shelter Rent”), in addition to making an annual contribution to the City of Grand Rapids’ Affordable Housing Fund in an amount equal to two percent (2%) of Annual Shelter Rent; and if the annual contribution to the Affordable Housing Fund is not made, the service charge shall revert to four percent (4%) of Annual Shelter Rent; and 3. That, if the project is occupied by other than low income persons or families, that portion of the project shall pay a service charge equal to the full amount of the taxes that would be paid on that portion of the project if the project were not tax exempt, as provided by the Michigan State Housing Development Authority Act; and 4. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall annually file with the City Assessor before August 1st a complete set of audited financial statements for each previous calendar year, as requested. 92821 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, the Grand Rapids City Commission hereby determines that the Carmody Apartments project is qualified for, and should be granted, the exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements, as provided in the State Housing Development Authority Act; therefore RESOLVED: 1. That pursuant to Section 15(a) of the State Housing Development Authority Act and Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the City Commission hereby conditionally approves, subject to the receipt of the “Notification to Local Assessor of Exemption” from the Michigan State Housing Development Authority, an exemption from all property taxes attributable to the rent restricted residential units occupied  7 CITY COMMISSION AUGUST 8, 2023 by low-income families and their pro-rated share of land and improvements for the ICCF Nonprofit Housing Corporation and its successors and assigns, for the following parcels of property: The North 100 feet of the West 173 feet of the South 330 feet of the Southwest 1/4 of the Northeast 1/4 of Section 31, Town 7 North, Range 11 West, City of Grand Rapids, Kent County, Michigan. Parcel Number: 41-14-31-254-009 Commonly known as 730-736 Madison Avenue SE for a term not to exceed seven (7) years, provided however, upon verification by the owner to the City of a different term of a Federally- aided or Authority-aided mortgage, or Authority-aided advance or grant, the tax exemption shall be for the term of the actual assistance, not to exceed fifty (50) years. The tax exemption shall be effective on the December 31 immediately succeeding the receipt of the "Notification to Local Assessor of Exemption" from the Michigan State Housing Development Authority for said parcels. Notwithstanding the provisions of Section 15(a)(5) of the State Housing Development Authority Act to the contrary, a contract to provide tax exemption and accept payment in lieu of taxes, as previously described, between the City of Grand Rapids and the ICCF Nonprofit Housing Corporation with the Michigan State Housing Development Authority as third party beneficiary under this contract, is effectuated by the adoption of this resolution; and 2. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall pay a service charge in the amount equal to one percent (1%) of the annual shelter rental receipts for the rent restricted units occupied by low-income families and their pro-rated share of land and improvements (“Annual Shelter Rent”), in addition to making an annual contribution to the City of Grand Rapids’ Affordable Housing Fund in an amount equal to two percent (2%) of Annual Shelter Rent; and if the annual contribution to the Affordable Housing Fund is not made, the service charge shall revert to four percent (4%) of Annual Shelter Rent; and 3. If the project is occupied by other than low income persons or families, that portion of the project shall pay a service charge equal to the full amount of the taxes that would be paid on that portion of the project if the project were not tax exempt, as provided by the Michigan State Housing Development Authority Act; and 4. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall annually file with the City Assessor before August 1st a complete set of audited financial statements for each previous calendar year, as requested.  AUGUST 8, 2023 CITY COMMISSION 8 92822 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That the City of Grand Rapids accept a grant from the Michigan Indigent Defense Commission (MIDC) Department of Licensing and Regulatory Affairs (LARA) for implementation of the FY24 Compliance Plan for Indigent Defense Standards 1-5, 8, and Standard for Determining Indigency and Contribution; and 2. That the period of performance shall be from October 1, 2023, through September 30, 2024; and 3. That the Senior Managing Director of Community Services, or her designee, is authorized as the Primary Contact responsible for oversight and reporting of standards implementation; and 4. That the City Manager, or his designee, is authorized to execute the grant agreement and other related documents; and 5. That the Mayor is authorized to execute professional services agreements, memoranda of understanding, and other related documents, and modifications or amendments, including extensions of time, necessary to implement said plan in a form approved by the City Attorney. 92823 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That FFY 2023 Justice Assistance Grant (JAG) funds be allocated as follows: City of Grand Rapids Community Development Department JAG Grant Administration $ 19,219 Neighborhood-Based Public Safety 86,488 Kent County Sheriff’s Office Emergency Communications Equipment 86,488 Total: $192,195; and 2. That a Memorandum of Understanding between the City and Kent County be executed to carry out activities specified in the grant agreement, and the Mayor is authorized to execute said agreement; to approve amendments, including extensions to the period of performance and non-substantial project amendments; and other necessary documents related to the grant in a form approved by the City Attorney.  9 CITY COMMISSION AUGUST 8, 2023 92824 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED that an agreement in an amount not to exceed $150,000 between Experience Grand Rapids and the City of Grand Rapids is hereby authorized in a form approved by the City Attorney, and the Mayor is authorized to execute the agreement on behalf of the City. 92825 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, the City has determined to undertake improvements to Lyon Street, NW between Monroe Avenue, NW and the Grand River and adjacent properties commonly known as, “Lyon Square,” consisting of (a) demolition and removal of obsolete public fixtures, utilities, facilities, and related infrastructure, (b) construction of new roadways and walkways, an event and performance space, park and recreation facilities, streetscape improvements, tree canopy and landscape improvements, place-making amenities, mechanical snowmelt system, structural, mechanical, electrical, and plumbing systems, and other public amenities, and (c) all other work, furnishings, fixtures and equipment and site improvements necessary and incidental thereto which are located within the City of Grand Rapids (“Public Improvements”) for the benefit of the City and to finance all or a portion of the costs of such Public Improvements by the issuance of one or more series of capital improvement bonds (the "Bonds") pursuant to Act 34 of the Public Acts of Michigan of 2001, as amended, MCL 141.2101 et seq. ("Act 34"); and WHEREAS, the City Commission adopted its Resolution Declaring Official Intent to Reimburse Expenditures with Bond Proceeds and Authorizing Publication of Notice of Intent to Issue bonds at its regular meeting January 10, 2017 (the “Original Resolution”); and WHEREAS, pursuant to Act 34 and the Original Resolution, on January 17, 2017, the City published its notice of intent to issue Bonds in the maximum amount not to exceed $10,000,000 (the “Original Notice”) to finance a portion of the costs of the Public Improvements; and WHERAS, the City has determined that the costs of the Public Improvements have increased; and WHEREAS the City wishes to finance the increased costs with additional Capital Improvement Bonds (the “Additional Bonds”); and WHEREAS, it is necessary to publish a supplemental notice of intent to issue bonds for the Additional Bonds pursuant to Section 517 of Act 34; and WHEREAS, the City desires to express its intent to reimburse itself the costs related to the Public Improvements from proceeds of the Additional Bonds.  AUGUST 8, 2023 CITY COMMISSION 10 RESOLVED: 1. That the City shall undertake the Public Improvements and pay for all or a portion of the costs of the Public Improvements through the issuance of the Additional Bonds in one or more series in a total amount “not-to-exceed” $12,000,000. 2. That a supplemental notice of intent to issue bonds for the Additional Bonds shall be published in accordance with Section 517 of Act 34. 3. That the City Clerk is authorized and directed to publish the supplemental notice of intent to issue bonds in The Grand Rapids Press, a newspaper of general circulation in the City, which supplemental notice shall contain the information required by Act 34. Such supplemental notice shall not be less than one-quarter page in size in the newspaper. 4. That the City pursuant to Section 1.150-2 of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended, declares its intent to reimburse itself the costs of the Public Improvements and costs related thereto in an amount “not-to-exceed” $12,000,000 through the issuance of the Additional Bonds. 5. That a copy of this resolution shall be available for public inspection at the office of the City Clerk, 2nd Floor, City Hall, 300 Monroe Avenue, NW, in the City. 6. That the City hereby ratifies the Original Resolution and the Original Notice and intends hereby to supplement the Original Resolution and the Original Notice. 7. That all resolutions or parts of resolutions insofar as they conflict with the provisions of this resolution be, and the same are, rescinded. 92826 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. Systemates, Inc. Development and implementation of a Project and Construction Management solution for the Engineering Department from Systemates, Inc. for the amount of $124,150.00, with a 12% contingency amount of $14,898.00, for a total “not-to-exceed” amount of $139,048.00. Additional one-year term contract with two, one-year renewal options for  11 CITY COMMISSION AUGUST 8, 2023 annual licensing and a SaaS fees for the annual “not-to-exceed” amount of $57,850.00 for Years 1 and 2; Year 3 will be based upon costs received from the vendor. The estimated three-year total amount for all services is $318,490.50. 2. FlashParking, Inc. Extension of the existing agreement for a one-year term contract with two, one-year renewal options for continued Original Equipment Manufacturer (O.E.M.) FlashPARC equipment, parts, installation, and on-going support for Mobile GR & Parking Services from FlashParking, Inc. for the annual “not-to-exceed” amount of $250,000.00. 3. US Security Associates, an Allied Universal Company Extension of the existing agreement for uniformed and mobile patrol security guard services be extended, at updated hourly rates, for an additional one-year term with one, one-year renewal option from US Security Associates, an Allied Universal Company for the annual “not-to- exceed” amount of $630,000.00. FURTHER RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors: 4. Elevated Training and Consulting, LLC Training services for providing facilitation and instruction of the Incident Management Team (IMT) O-305 course for the Fire Department from Elevated Training & Consulting, LLC for a “not-to-exceed” amount of $29,126.80. 5. Compass Minerals Cooperative purchase through the Kent County Road Commission for a one-year term contract for the purchase and delivery of bulk road salt, at a unit cost for the 2023-2024 season of $68.40 per ton, for the Department of Public Works from Compass Minerals for an annual “not-to-exceed” amount of $755,820.00. 6. Graybar Purchase of ten (10) Valmont 33’ decorative utility poles for the Energy, Lighting, and Communications Division from Graybar for the total amount of $64,700.00. 7. Lenco Industries Purchase of an Original Equipment Manufacturer (O.E.M.) Lenco BearCat critical incident rescue vehicle for the Police Department from Lenco Industries for $282,999.00.  AUGUST 8, 2023 CITY COMMISSION 12 D. COMMUNITY DEVELOPMENT COMMITTEE 92827 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, the City of Grand Rapids Mobile GR Department has obtained federal grant funds for safety improvements along Eastern Avenue; therefore RESOLVED: 1. That the agreement between City of Grand Rapids and the Michigan Department of Transportation in connection with the aforesaid project is approved; and 2. That the Mayor is authorized to execute the aforesaid agreement on behalf of the City of Grand Rapids, after approval of same by the City Attorney; and 3. That expenditures are authorized in an amount “not-to-exceed” $50,414 to cover the Part A local participating project construction costs; and 4. That expenditures are authorized in an amount “not-to-exceed” $109,549 to cover the Part B local participating project construction costs; and 5. That expenditures are authorized in an amount “not-to-exceed” $4,660 to cover the Part C local participating project construction costs; and 6. The expenditures are authorized in an amount “not-to-exceed” $214,550 to cover the federal non-participating costs; and 7. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as Mobile GR requests for payment in connection with the aforesaid project from the identified Vital Streets Capital Fund and Parking Capital Fund codes. 92828 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 Downtown Improvement District Special Assessment Roll 8780 prepared by the City Assessor; and 2. Downtown Improvement District Special Assessment Roll 8780 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  13 CITY COMMISSION AUGUST 8, 2023 3. The City Commission, acting as such Board of Review, has given opportunity to all persons interested in and affected by said Downtown Improvement District Special Assessment Roll 8780 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 Downtown Improvement District Special Assessment Roll 8780, is in all respects fair, just and equitable; therefore RESOLVED: 1. The City Commission, sitting as a Board of Review, is satisfied with Downtown Improvement District Special Assessment Roll 8780, is of the opinion that said Downtown Improvement District Special Assessment Roll 8780 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 2. Downtown Improvement District Special Assessment Roll 8780, 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. Downtown Improvement District Special Assessment Roll 8780, 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 Downtown Improvement District Special Assessment Roll 8780 shall be billed on September 1, 2023. The bills shall be due on October 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 October 1, 2023, without penalty. 92829 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That a public hearing to obtain public comment on the Federal Fiscal Year 2022 Consolidated Annual Performance and Evaluation Report and for future housing and community development needs be held on Tuesday, September 19, 2023, at 5:30 p.m. at Burton Elementary School located at 2133 Buchanan Avenue, SW; and 2. That the draft Federal Fiscal Year 2022 Consolidated Annual Performance  AUGUST 8, 2023 CITY COMMISSION 14 and Evaluation Report be available for review at the Community Development Department, City Hall, Suite 460, Grand Rapids, Michigan, during normal business hours from 8:00 a.m. on September 7, 2023, through 5:00 p.m. on September 22, 2023, and at www.grcd.info; and 3. That the City Clerk is directed to publish notice of said public hearing. 92830 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The State of Michigan awarded Downtown Grand Rapids Inc. $55,000,000 to support the development of the Grand River Greenway in Grand Rapids and Kent County for the rehabilitation and expansion of the public riverfront greenspace system and to build new nonmotorized trail segments to fill gaps in the trail system and establish stronger connections to river-adjacent neighborhoods; and 2. DGRI has entered into a American Rescue Plan Act Local Parks and Trails Agreement with Michigan Department of Natural Resources outlining the terms of the grant award; and 3. The City of Grand Rapids has a number of greenspace and trail projects that meet this grant purpose and anticipates partnering with DGRI to construct projects using the grant dollars; therefore RESOLVED that contractual agreements with DGRI or a subsidiary/related entity awarding funds to the City as a subgrant recipient and describing the terms and conditions of the award(s) are approved; and the Mayor is authorized to execute said contractual agreements, sub-agreements, memoranda of understanding and other necessary documents; to approve extensions to period of performance and non-substantive project amendments; and to accept documents related to the greenway projects, all in a form approved by the City Attorney. 92831 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. A development consisting of a three-story, affordable, accessible, 52-unit apartment building is proposed at 210 Fairbanks St NE and 628, 636, 638, 644 & 646 Coit Ave NE; and 2. A map amendment rezoning the properties from TN-LDR (Traditional Neighborhood-Low Density Residential) Zone District to SD-PRD (Special District-Planned Redevelopment District) is proposed to facilitate the development; and  15 CITY COMMISSION AUGUST 8, 2023 3. The Planning Commission considered the amendment at a public hearing held on July 13, 2023, and recommended approval of the request by a vote of 6-0; 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 22 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 August 22, 2023. SUMMARY OF ORDINANCE 2023 – __ AN ORDINANCE TO AMEND MAP 22 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING ORDINANCE” The City of Grand Rapids is considering an amendment to Zoning Ordinance Map 22 of Chapter 61 of Title V of the City Code of Grand Rapids. The map amendment would rezone 210 Fairbanks St NE and 628, 636, 638, 644 & 646 Coit Ave NE from TN-LDR (Traditional Neighborhood-Low Density Residential) Zone District to SD-PRD (Special District-Planned Redevelopment District) to facilitate construction of a 52-unit, affordable apartment building. The proposed Zoning Ordinance map amendment is available at the City’s website at https://tinyurl.com/CoitII or in person at the Planning Department, 3rd Floor, 1120 Monroe Avenue NW, Grand Rapids, Michigan 49503, during business hours until 4 p.m. Monday-Friday. The Planning Department may be contacted at (616)456-4100 or planning@grcity.us. AN ORDINANCE TO AMEND MAP 22 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 22 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to rezone 210 Fairbanks St NE and 628, 636, 638, 644 & 646 Coit Ave NE from TN-LDR (Traditional Neighborhood–Low-Density Residential) Zone District to SD-PRD (Special Districts–Planned Redevelopment District) to facilitate an affordable, 52-unit apartment building. The resulting boundary of the SD-PRD can be described as follows:  AUGUST 8, 2023 CITY COMMISSION 16 Parcel: 210 Fairbanks NE (41-14-19-332-002) Description: E 32 FT OF LOT 9 & E 32 FT OF N 10 FT OF LOT 8* WILMARTH & BEVIER SUBDIVISION* OF BLK 12 COIT & CO S ADDITION Parcel: 628 Coit Ave NE (41-14-19-332-031) Description: LOT 6 EX N 12.2 FT & EX N 10.3 FT OF E 52 FT OF REMAINDER * WILMARTH & BEVIER SUBDIVISION OF BLK 12 COIT & COS ADDITION Parcel: 636 Coit Ave NE (41-14-19-332-030) Description: S 40 FT OF LOT 7 ALSO N 12.2 FT OF LOT 6 ALSO S 10.3 FT OF N 22.5 FT OF E 52 FT OF LOT 6 * WILMARTH & BEVIER SUBDIVISION OF BLK 12 COIT & COS ADDITION Parcel: 638 Coit Ave NE (41-14-19-332-004) Description: N 15 FT OF LOT 7 & S 20 FT OF LOT 8* WILMARTH & BEVIER SUBDIVISION* OF BLK 12 COIT & CO S ADDITION Parcel: 644 Coit Ave NE ( 41-14-19-332-003) Description: N 35 FT OF LOT 8 EXCEPT N 10 FT OF E 32 FT* WILMARTH & BEVIER SUBDIVISION* OF BLK 12 COIT & CO S ADDITION Parcel: 646 Coit Ave NE (41-14-19-332-001) Description: W 92 FT OF LOT 9* WILMARTH & BEVIER SUBDIVISION* OF BLK 12 COIT & CO S ADDITION 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 no setback shall be less than five feet. 6. That a cross-access easement agreement for the trash enclosure shall be required prior to closure of the LUDS permit. 7. That signs shall be governed by the rules and requirements for residential zone districts.  17 CITY COMMISSION AUGUST 8, 2023 8. That this approval shall take effect as required by the City Commission approval in accordance with Section 5.12.12.G. of the Zoning Ordinance. 9. That changes in materials and architectural elements deviating from what is noted in the submitted elevations shall return to the Planning Commission for site plan approval. 92832 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. On January 25, 2022, the City Commission adopted an ordinance to establish a new Special District-Planned Redevelopment District (SD-PRD) to include 670 Burton Street SE and approximately 6.8 acres of 2080 Union Avenue SE to facilitate the construction of a new facilities for Bethany Christian Services and 42 residential site condominium lots for the Dwelling Place Regional Community Land Trust (DPCLT); and 2. Bethany Christian Services subsequently determined that it would not be pursuing the approved expansion project or purchasing approximately 40,000 square feet of 2080 Union Avenue SE intended for a parking lot; and 3. A Major Amendment to the PRD is now being requested to eliminate the portion of 2080 Union intended for the parking lot from the PRD and to allow Bethany Christian Services to operate as approved by the 2018 variance; and 4. A Major Amendment to the adjacent PRD that permits the operation of Samaritas is also separately requested to incorporate the property intended for the parking lot into the Samaritas PRD; and 5. The Planning Commission held a public hearing on July 13, 2023, at which time all interested persons had an opportunity to be heard. RESOLVED: 1. That the attached ordinance amending Map 49 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 August 22, 2023; and 2. 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. SUMMARY OF ORDINANCE 2023 – __ AN ORDINANCE TO AMEND MAP 49 OF CHAPTER 61 OF TITLE V  AUGUST 8, 2023 CITY COMMISSION 18 OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING ORDINANCE” The City of Grand Rapids is considering a Zoning Ordinance Amendment to Map 49 of Chapter 61 of Title V of the City Code of Grand Rapids. The ordinance would amend a previously approved Planned Redevelopment District that allowed the facility expansion of Bethany Christian Services at 670 Burton Street SE and approximately 40,000 square feet of 2080 Union Avenue SE. Bethany is suspending plans for the expansion, and the amendment is requested to realign the PRD with Bethany’s original property boundary of 670 Burton Street SE and establish the children’s transitional group home use as originally approved by variance in 2018. The proposed Zoning Ordinance map amendment is available at the City’s website at https://tinyurl.com/unionburton or in person at the Planning Department, 3rd Floor, 1120 Monroe Avenue NW, Grand Rapids, Michigan 49503, during business hours until 4 p.m. Monday-Friday. The Planning Department may be contacted at (616)456-4100 or planning@grcity.us. AN ORDINANCE TO AMEND MAP 49 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 49 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to modify the boundary, site plan, and use of a Planned Redevelopment District associated with the operations of Bethany Christian Services. The Planned Redevelopment District can be legally described as follows: 670 Burton Street SE 411807226003 PART OF NE 1/4 ALSO PART OF LOTS 1 THRU 10 INCL OSTERHOUT ADDITION COM 512.14 FT N 88D 39M 04S W ALONG N SEC LINE & 42.07 FT S 1D 55M 17S E TO S LINE OF BURTON ST FROM NE COR OF SEC TH N 88D 39M 04S W ALONG SD S LINE 343.34 FT TH S 1D 19M 12S W 39.88 FT TH S 17D 53M 38S W 42.42 FT TH S 1D 19M 12S W 135.05 FT TH S 53D 01M 04S W 129.39 FT TH S 2D 10M 25S E 45.43 FT TH S 23D 10M 46S E 25.54 FT TH S 1D 55M 43S E 102.42 FT TH N 88D 30M 24S E 463.51 FT TO W LINE OF MARTIN AVE TH N 1D 55M 17S W ALONG SD W LINE 444.41 FT TO BEG * SEC 7 T6N R11W SPLIT/COMBINED ON 10/07/2019 FROM 41-18-07-226-001; 637 Winchell Avenue SE 411807226006  19 CITY COMMISSION AUGUST 8, 2023 PART OF NE 1/4 COM 512.14 FT N 88D 39M 04S W ALONG N SEC LINE & 42.07 FT S 1D 55M 17S E TO S LINE OF BURTON ST & W LINE OF MARTIN AVE & 444.41 FT S 1D 55M 17S E ALONG SD W LINE FROM NE COR OF SEC TH S 1D 55M 17S E ALONG SD W LINE 508.85 FT TH N 88D 25M 57S W ALONG N LINE OF WINCHELL ST 764.02 FT TH N 2D 01M 02S W ALONG W LINE OF UNION AVE 225.44 FT TH N 88D 02M 23S E 331.02 FT TH N 1D 57M 37S W 10.79 FT TH N 88D 04M 43S E 190.46 FT TH N 1D 55M 17S W 227.71 FT TH N 88D 30M 24S E 241.51 FT TO BEG EX PUBLIC R/W'S ALSO LOTS 10 THRU 19 INCL OSTERHOUT ADDITION SPLIT/COMBINED ON 10/07/2019 FROM 41-18-07-226-001; SPLIT/COMBINED ON 12/22/2022 FROM 41-18-07-226-004 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. 2. That the use shall operate according to the application and per testimony as recorded in the Planning Commission minutes. 3. That no new site improvements are associated with this approval. 4. That the conditions of approval associated with Board of Zoning Appeals decision P-BZA-2018-0012 on July 10, 2018, shall otherwise remain in effect. 5. That the land shall be divided according to the submitted plans. 6. That signs for the Bethany property shall be governed by the rules and requirements for residential zone districts. 7. That the proposed use will comply with all other applicable City ordinances and policies and all State laws. 8. That this approval shall take effect as required by the City Commission approval in accordance with Section 5.12.12.G. of the Zoning Ordinance. 92833 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. On January 25, 2022, the City Commission adopted an ordinance amending the boundary of the subject Planned Redevelopment District (PRD) to facilitate the sale of approximately 6.8 acres of 2080 Union Avenue SE to facilitate the creation of a new PRD and the construction of a new facilities for Bethany Christian Services and 42 residential site condominium lots for the Dwelling Place Regional Community Land Trust (DPCLT); and 2. Bethany Christian Services has subsequently determined that it would not be pursuing the approved expansion project or purchasing approximately  AUGUST 8, 2023 CITY COMMISSION 20 40,000 square feet of 2080 Union Avenue SE intended for a parking lot; and 3. A Major Amendment is now being requested to reincorporate the property intended for the parking lot back into the subject PRD; and 4. A Major Amendment to the Bethany/Dwelling Place PRD is separately being requested to eliminate that same portion of 2080 Union Avenue SE from the Bethany PRD; and 5. The Planning Commission held a public hearing on July 13, 2023, at which time all interested persons had an opportunity to be heard. RESOLVED: 1. That the attached ordinance amending Map 49 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 August 22, 2023; and 2. 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. SUMMARY OF ORDINANCE 2023 – AN ORDINANCE TO AMEND MAP 49 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING ORDINANCE” The City of Grand Rapids is considering a Zoning Ordinance Amendment to Map 49 of Chapter 61 of Title V of the City Code of Grand Rapids. The ordinance would amend a previously approved Planned Redevelopment District (PRD) that allows for the operation of Samaritas on 600 Burton Street SE and 2080 Union Avenue SE. The PRD was amended in January 2023 to facilitate the sale of approximately 40,000 square feet of 2080 Union Avenue SE to Bethany Christian Services for a new parking lot. Bethany is suspending plans for the expansion, and an amendment is now requested to reincorporate that property back into the Samaritas PRD for unimproved greenspace. The proposed Zoning Ordinance map amendment is available at the City’s website at https://tinyurl.com/unionburton or in person at the Planning Department, 3rd Floor, 1120 Monroe Avenue NW, Grand Rapids, Michigan 49503, during business hours until 4 p.m. Monday-Friday. The Planning Department may be contacted at (616)456-4100 or planning@grcity.us. AN ORDINANCE TO AMEND MAP 49 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS,  21 CITY COMMISSION AUGUST 8, 2023 THE “ZONING ORDINANCE” ORDINANCE NO. 2023- ____ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Map 49 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to modify the boundary and site plan of a Planned Redevelopment District that includes 2080 Union Avenue SE and is associated with the operations of Samaritas. The Planned Redevelopment District can be legally described as follows: 600 Burton Street SE / 411807226002 PART OF NE 1/4 COM 512.14 FT N 88D 39M 04S W ALONG N SEC LINE & 42.07 FT S 1D 55M 17S E TO S LINE OF BURTON ST & 343.34 FT N 88D 39M 04S W ALONG SD S LINE FROM NE COR OF SEC TH S 1D 19M 12S W 39.88 FT TH S 17D 53M 38S W 42.42 FT TH S 1D 19M 12S W 135.05 FT TH S 53D 01M 04S W 129.39 FT TH S 2D 10M 25S E 45.43 FT TH S 23D 10M 46S E 25.54 FT TH S 1D 55M 43S E 102.42 FT TH S 88D 30M 24S W 72.22 FT TH N 45D 15M 52S W 26.43 FT TH S 88D 00M 56S W 67.61 FT TH N 1D 59M 04S W 34.18 FT TH S 88D 01M 56S W 141.97 FT TO ELY R/W LINE OF UNION AVE /100 FT WIDE/ TH N 2D 01M 02S W ALONG SD ELY LINE 430.85 FT TO SLY LINE OF BURTON ST TH S 88D 39M 04S E ALONG SD SLY LINE 422.10 FT TO BEG * SEC 7 T6N R11W 3.67 A. SPLIT/COMBINED ON 10/07/2019 FROM 41-18-07-226-001; 2080 Union Avenue SE / 411807226005 PART OF NE 1/4 COM 512.14 FT N 88D 39M 04S W ALONG N SEC LINE & 42.07 FT S 1D 55M 17S E TO S LINE OF BURTON ST & 765.44 FT N 88D 39M 44S W ALONG SD S LINE & 430.85 FT S 2D 01M 02S E ALONG E LINE OF UNION AVE FROM NE COR OF SEC TH N 88D 01M 56S E 141.97 FT TH S 1D 59M 04M E 34.18 FT TH N 88D 00M 56S E 67.61 FT TH S 45D 15M 52S E 26.43 FT TH N 88D 30M 24S E 294.22 FT TH S 1D 55M 17S E 227.71 FT TH S 88D 04M 43S W 190.47 FT TH S 2D 57M 37S E 10.79 FT TH S 88D 02M 23S W 331.02 FT TO E LINE OF UNION AVE TH N 2D 01M 02S W ALONG SD E LINE 294.13 FT TO BEG * SEC 7 T6N R11W 3.04 A. SPLIT/COMBINED ON 10/07/2019 FROM 41-18-07-226-001; SPLIT/COMBINED ON 12/22/2022 FROM 41-18-07-226-004; 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. All conditions of approval of Ordinance No. 2018-09/Proceeding 8772 of February 20, 2018, and Ordinance No. 2021-01/Proceeding 91366 of January 25, 2022, shall remain in effect.  AUGUST 8, 2023 CITY COMMISSION 22 2. That the proposed use will comply with all other applicable City ordinances and policies and all State laws. 3. That this approval shall take effect as required by the City Commission approval in accordance with Section 5.12.12.G. of the Zoning Ordinance. 92834 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, it is necessary to enter into an agreement with the Michigan Department of Transportation and to authorize expenditures in connection with the following project: Reconstruction of State Street from Lafayette Avenue to Madison Avenue (MDOT Contract No. 23-5308) (hereinafter referred to as the “Project”): therefore RESOLVED: 1. That the City enter into an agreement with the Michigan Department of Transportation for the Project and that, upon approval as to form by the City Attorney, the Mayor and City Clerk are hereby authorized to execute the same on behalf of the City. 2. That expenditures for the local share of costs for the Project be authorized in an amount not to exceed $1,551,385, which includes the costs of the construction contract, previously authorized design phase services by Fishbeck, Thompson, Carr and Huber, Inc. (Fishbeck), previously authorized preliminary design phase services by Viridis Design Group (Viridis), construction phase services including inspection by Fishbeck, traffic safety and street lighting force account work/public information program, administration, and contingencies. Said amount of $1,551,385 to be charged to the applicable codes currently defined as follows: $278,320 to Code No. 5902-527-9000-9880-590218001, $414,430 to Code No. 5911-536-9000-9880-591118001, $9,395 to Code No. 4090-519-9000- 9880-409023056, and $849,240 to the applicable Vital Streets Fund Codes. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. 92835 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. A Qualification Based Selection process was used to solicit a proposal for Preconstruction Services on the Grand River Revitalization (hereinafter referred to as the “Project”); and  23 CITY COMMISSION AUGUST 8, 2023 2. Rockford-Walsh Grand River JV submitted a proposal of $174,200 on July 27, 2023; therefore RESOLVED: 1. That the aforesaid proposal of Rockford-Walsh Grand River JV be approved and that, upon approval as to form of the Preconstruction Services Agreement by the City Attorney, the Mayor and City Clerk be authorized to execute said Agreement on behalf of the City; and 2. That expenditures for the Project be authorized in an amount “not-to- exceed” $174,200; and 3. Funds are to be charged to the Capital Improvement Fund; and 4. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. 92836 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The Grand Valley Metropolitan Council has been an integral partner on the Grand River Revitalization Project and River for All; and 2. City staff has identified the need for additional grant support services in connection with the Grand River Revitalization and River for All; therefore RESOLVED: 1. That total expenditures for the City of Grand Rapids for the grant support services related to the Grand River Revitalization, River for All, and other watershed and stormwater projects be authorized in an amount “not-to- exceed” $50,000 for a period of two years, with the options to renew for two more years. Said amount of $50,000 to be charged to the applicable codes currently defined as 4010-447-9000-9880-401017151; and 2. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or designee requests in connection with the work. 92837 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, bids were received on July 27, 2023 for the following project: Ash Lagoon Closure and Stormwater Pump Station Improvements at the Water Resource Recovery Facility  AUGUST 8, 2023 CITY COMMISSION 24 (hereinafter referred to as the “Project”) and HIS Constructors, Inc. (HIS) submitted a bid of $12,989,024 for which the engineer’s estimate, prepared by Moore & Bruggink, Inc. (M&B), is $12,496,180; therefore RESOLVED: 1. That the bid of HIS be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the contract documents for the Project on behalf of the City. 2. That total expenditures for the Project be authorized in an amount “not-to- exceed” $17,404,280 which includes the costs of the construction contract, previously authorized design phase services by Materials Testing Consultants (MTC), construction phase services including inspection by M&B, administration, previously authorized geotechnical services by MTC, and contingencies. Said amount of $17,404,280 to be charged to the applicable Sewer and Sewer System Fund codes. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. 4. That the City of Grand Rapids, pursuant to Section 1.150-2 of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended, declares its intent to reimburse itself the costs of the Project and other related costs in an amount “not-to-exceed” $17,404,280 (Sewer System Fund) through the issuance of tax-exempt bonds. 5. That a copy of this resolution be available for inspection at the City Clerk’s Office, 2nd Floor, City Hall, 300 Monroe Avenue N.W., Grand Rapids, Michigan 49503. 92838 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, bids were received on July 25, 2023 for the following project: Façade Repairs and Improvements at the Lake Michigan Filtration Plant (hereinafter referred to as the “Project”) and McGraw Construction, Inc. (McGraw) submitted a bid of $115,250 for which the engineer’s estimate, prepared by Fishbeck, Thompson, Carr and Huber, Inc. (Fishbeck), is $110,000; therefore RESOLVED:  25 CITY COMMISSION AUGUST 8, 2023 1. That the bid of McGraw be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the contract documents for the Project on behalf of the City. 2. That total expenditures for the Project be authorized in an amount “not-to- exceed” $201,750 which includes the costs of the construction contract, previously authorized design phase services by Fishbeck, construction phase services including inspection by Fishbeck, administration, and contingencies. Said amount of $201,750 to be charged to the applicable Water Fund codes. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. 92839 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, three bid proposals were received on July 25, 2023 for the following project: As-Needed Roof Asset Management at Various Locations (hereinafter referred to as the “Project”) and Great Lakes Systems, Inc. (Great Lakes), Modern Roofing, Inc. (Modern), and Proteus Innovative Technologies, LLC dba Naturashield (Naturashield) submitted bid proposals; and based on the evaluations of said proposals, the City Desires to award contracts for the Project to Great Lakes, Modern and Naturashield therefore RESOLVED: 1. That the bid proposals of Great Lakes, Modern and Naturashield be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute contracts for the Project on behalf of the City. 2. That total expenditures for the Project be authorized in an amount “not-to- exceed” $1,000,000 which includes the costs of the construction and administration. Said amount of $1,000,000 to be charged to the appropriate budgets for which these services are required. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. 92840 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, bids were received on July 25, 2023 for the following project:  AUGUST 8, 2023 CITY COMMISSION 26 Rotomilling/Resurfacing of Streets at Various Locations - Contract 2023-1 (hereinafter referred to as the “Project”) and Nagel Construction, Inc. (Nagel) submitted a bid of $3,828,427.45 for which the engineer’s estimate is $4,405,907.00; therefore RESOLVED: 1. That the bid of Nagel be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the contract documents for the Project on behalf of the City. 2. That total expenditures for the Project be authorized in an amount not to exceed $5,012,774 which includes the costs of the construction contract, public information program, testing/ printing/ permits, engineering/ inspection/ administration, and contingencies. Said amount of $5,012,774 to be charged to the applicable Vital Streets Fund codes. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. E. COMMITTEE OF THE WHOLE 92841 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED, that the attached 2024 City Commission meeting schedule be adopted. 92842 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The City Commission approved a Brownfield Plan (the “Plan”) for the City of Grand Rapids Brownfield Redevelopment Authority (the “Authority”) on December 22, 1998, pursuant to the Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of 1996, as amended, MCL 125.2651 et seq. (“Act 381”); and 2. The Board of the Authority has recommended a second amendment to the Plan for Steelcase Campus Project (the “Project”) described therein (the “Second Amendment”); and 3. The City Commission held a public hearing on July 25, 2023, on the Second Amendment after notice in accordance with the requirements of Act 381; therefore RESOLVED:  27 CITY COMMISSION AUGUST 8, 2023 1. That the Second Amendment constitutes a public purpose under Act 381; and 2. That the Second 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 Second 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 Second 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 Second Amendment is reasonable; and 6. That the Second Amendment is approved; and 7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. 92843 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. Chapter 53 of Title IV of the Code of the City of Grand Rapids provides for the adoption of a resolution establishing rules and regulations to control certain activities associated with a given special event; and 2. The City Manager, through his designee, has determined that the special event sponsored by the ArtPrize organization and the City of Grand Rapids called "ArtPrize 2.0", which is scheduled to be held September 14 to October 01, 2023, is of general interest and importance to the community; and 3. The City Commission has determined that the extended time period for the event as set forth herein is important to the nature of the event and that the application of the special rules and regulations for the extended time periods set forth herein will not unduly interfere with the orderly conduct of normal life activities in the City; and 4. ArtPrize is coordinating a special event, ArtPrize 2.0 to be held on Thursday, September 14, 2023, that will involve the discharge of commercial-grade fireworks at Gillett Bridge between 10:00 PM and 11:00 PM; and 5. The ArtPrize organization requests the establishment of certain rules and regulations to control certain activities associated with the event, in order to insure to the greatest extent possible, that the objectives of the special  AUGUST 8, 2023 CITY COMMISSION 28 event are achieved, consistent with the public health, safety and welfare; therefore RESOLVED: 1. That the special event sponsored by the ArtPrize organization and the City of Grand Rapids called "ArtPrize”, scheduled for September 14 to October 1, 2023, be and is hereby made subject to the provisions of Chapter 53 of Title IV of the Code of the City of Grand Rapids for the time period beginning at 8 a.m. on September 1, 2023, through 10 p.m. on October 15, 2023; and 2. That the boundaries of the ArtPrize 2.0 special event are specifically three square miles of the Grand Rapids’ downtown area as described in the attached map demarcating ArtPrize 2.0 boundaries as well as the below mentioned public sites and satellite venues: • 555 Monroe North Lot • Calder Plaza • Canal Park • Grand Rapids City Hall • Heartside Park • Monroe Center Parking Ramp • Sixth Street Park • The Ecliptic at Rosa Parks Circle ;and 3. That all City ordinances will be enforced except to the extent as they apply to the rules and regulations outlined below; and  29 CITY COMMISSION AUGUST 8, 2023 4. The discharge of commercial grade fireworks for the ArtPrize 2.0 event presented by ArtPrize detailed in Attachments A and B shall be deemed a Special Event pursuant to Chapter 53 of the City Code; and 5. That Title IX, Chapter 173, Section 9.907 entitled Use of commercial-grade Fireworks Prohibited be suspended by Chapter 53 of the City Code entitled Special Events, and that use of commercial-grade fireworks on public property (Gillett Bridge) on the dates and times stated above be approved; and 6. That the following rules and regulations will apply to the ArtPrize 2.0 special event as described in the previous paragraphs: a) From September 14 to October 01, 2023, no vendors or transient merchants, including commercial and promotional advertising activity, will be allowed within the event boundaries other than a) those specifically authorized under the Downtown Vendor License, Sidewalk Vendor License, Transient Merchants License or Mobile Vending Carts Operator License and under the terms and conditions of those existing licenses or b) those specifically authorized by ArtPrize under the Special Event License issued by the City Clerk. All authorized vendors and transient merchants shall carry credentials of such authorization; and b) No person shall land a hot air balloon, parachute from an airplane, fly a drone, or drop items from an airplane into the event boundaries unless they have been approved in writing by the ArtPrize organization. The person shall have any such approval upon their person during the event; and c) No person shall operate any sound amplification devices, equipment or systems within the event boundaries other than those systems specifically authorized by the ArtPrize organization in consultation with the City Manager or his designee; and d) From September 14 to October 01, 2023, unless approved by the ArtPrize organization, as provided for in Section 7.211 of the City Code, no person owning or operating a parking facility shall sublet, sublease or otherwise permit any parking facility or any portion of a parking facility to be used by any vendor of goods, wares or merchandise or services for the conduct of such vendor’s business unless the business is conducted in a permanent building or structure or the operation is otherwise licensed or permitted pursuant to law or ordinance; and e) No installation of artwork in the public right-of-way or City-owned properties will be permitted unless authorized by the ArtPrize organization and approved by the City of Grand Rapids; and AUGUST 8, 2023 CITY COMMISSION 30 f) Signs associated with the ArtPrize 2.0 special event must be clearly identified with the official ArtPrize participant seal. For the duration of the event, Chapter 61 of the City Code shall be waived as it pertains to venues, sponsors, artwork, events, and signs sanctioned by the ArtPrize organization. All requirements shall be adhered to for the benefit of public safety; and g) For the duration of the event, Chapter 68 of the City Code, regarding Historic Preservation, shall be waived as it pertains to venues, sponsors, artwork, events and signs sanctioned by the ArtPrize organization only insofar as the work is temporary and does not damage or destroy any resource. All requirements shall be adhered to for the benefit of public safety; and h) All signs, structures, and modifications to buildings not approved for permanent installation by the City shall be removed upon expiration of the event; and i) For the duration of the event, the City Manager is hereby authorized to approve a parking facility or any other City-owned facility for the purpose of locating a telecommunication facility to accommodate increased demand and call volume during the ArtPrize 2.0 special event. Such telecommunications facilities may be placed temporarily only as agreed to by execution of a license between a licensed carrier and the City. Such license shall be in a form to be approved by the City Attorney and signed by the Mayor. Chapters 61, 68, and any regulations of the City Code deemed necessary by the City Manager to accommodate such an installation shall be waived for the duration of the event; and j) Notwithstanding this approval, the ArtPrize organization must coordinate with the City and coordinators of other previously scheduled special events within the boundary of the ArtPrize 2.0 special event so as not to detract from the operation, character, and nature of those special events; and k) In addition, the City Manager is hereby authorized to reduce, waive or otherwise modify normal fees; and l) The City Manager is hereby authorized to approve the ArtPrize 2.0 special event activities, additional sites, and events other than as described herein when, in his judgment, such approval is important to the success of the event and he determines such approval will not unduly or unreasonably interfere with any person’s rights; and m) The Mayor is hereby authorized to execute, upon approval as to form by the City Attorney, any ArtPrize 2.0 hosting agreements as approved by the City Manager.  31 CITY COMMISSION AUGUST 8, 2023 5. That pursuant to the requirements of Chapter 53 of the City Code, this resolution shall be published in its entirety. 92844 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 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 CDKI II, LLC dba Chicago Beef Joint; 822 Ottawa Ave 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. 92845 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  AUGUST 8, 2023 CITY COMMISSION 32 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 Gin Gin Lounge, LLC dba General Wood Shop; 507 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. 92846 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED, that the attached City Commission Policy number 600-06 , titled “City Employee Home Ownership Incentives”, is hereby adopted. ORDINANCES 92847 Result: Adopted. Mover: Moody. Supporter: Robbins. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight AN ORDINANCE AMENDING SECTION 4.2 OF SALARY ORDINANCE 2022-33 ORDINANCE NO. 2023 - 31 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 Manager 15 33 CITY COMMISSION AUGUST 8, 2023 114 Payroll Supervisor 12 115 Financial Systems Administrator 17 117 Deputy City Treasurer 20 118 Records Manager 15 127 Performance & Management Reporting Specialist 14 141 Partnerships and Development Coordinator 10 148 Deputy City Clerk 17 234 Social Worker 14 329 Special Events Supervisor 13 336 Parks Maintenance Supervisor 11 337 Materials Resource Planning Supervisor 10 338 Utility Maintenance Supervisor 12 339 Cemetery Supervisor 11 341 Parking Meter Operations Supervisor 14 342 Parking Facility Supervisor 14 344 Parking Operations Superintendent 16 345 Parking Services Shift Supervisor 10 346 Inventory and Asset Manager 15 348 Wastewater Operations and Maintenance Supervisor 14 349 Wastewater/Stormwater Maintenance Superintendent 17 350 Collection System Asset Supervisor 14 351 Wastewater Plant Supervisor 17 352 Wastewater Technical Control Supervisor 14 353 Utility Supervisor 14 354 Traffic System Engineer 16 355 Utilities Field Operations Supervisor 14 357 Building Maintenance Supervisor I 9 358 Building Maintenance Supervisor II 11 359 Facilities Maintenance Superintendent 17 360 Facilities Maintenance Supervisor 14 362 Water Distribution Shift Supervisor 10 363 Forester 13 364 Forestry Supervisor 13 365 Signal & Lighting Supervisor 14 367 Signal & Lighting Superintendent 17 368 Utilities Field Operations Superintendent 17 370 Streets & Sanitation Supervisor 12 371 Public Services Supervisor 13 375 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 AUGUST 8, 2023 CITY COMMISSION 34 518 Sign Supervisor 10 528 Housing Inspections Administrator 16 529 Code Compliance Administrator 18 530 Housing Inspections Supervisor 13 532 Code Compliance Supervisor 14 533 Development Center Administrator 16 534 Assistant Code Compliance Director 20 548 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 17 600 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  35 CITY COMMISSION AUGUST 8, 2023 653 Building Inspections Supervisor 13 656 Utilities System Manager 20 660 Wastewater Plant Superintendent 18 663 Water Filtration Plant Superintendent 18 664 Hydraulic Engineer 17 666 Building Inspections Administrator 16 672 Facilities Project Engineer Coordinator 18 676 Environmental Assessment Supervisor 17 677 Athletic Supervisor 10 687 Golf Course Manager 10 688 Recreation Supervisor 13 689 Marketing and Program Specialist 10 701 Recreation Program Technical Supervisor 07 705 Planning Supervisor 13 712 Recreation Center Supervisor 10 714 Parks Superintendent 18 715 Recreation Superintendent 18 716 Recreation Services Specialist 16 721 Assistant Building Official 15 722 Housing Rehab Supervisor 14 723 Community Development Officer 14 725 Building Official 18 728 Assistant Community Development Director 20 729 Assistant Economic Development Director 20 732 Business Advocate 18 733 Real Property Manager 16 735 Economic Development Coordinator II 17 738 Minority Business Enterprise Advocate 18 740 Telecommunications Administrator 17 824 Emergency Management Specialist 11 840 Forensic Services Manager 14 910 Business Manager 13 911 Construction Inspection Supervisor 13 915 Assistant Project Manager 15 916 Engineering Design Services Supervisor 13 917 Project Manager 18” Section 2. That all Ordinances in conflict herewith are repealed. Result: Adopted. Mover: Robbins. Supporter: Perdue. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect.  AUGUST 8, 2023 CITY COMMISSION 36 92848 Result: Adopted. Mover: Moody. Supporter: Robbins. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight AN ORDINANCE AMENDING SECTION 4.1 OF SALARY ORDINANCE 2022-33 ORDINANCE NO. 2023 - 32 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 4.1 of Salary Ordinance 2022-33, be amended to read as follows: “Section 4.1. Professional and Clerical Group: 124 Retirement Services Specialist 13 146 Clerk IV (Assessor’s) 07 149 Administrative Aide 04 218 Contract Administrator 11 334 Special Events Coordinator 10 335 Skilled Trades Recruiter 14 525 Loan Analyst 12 539 Training and Organization Development Manager 15 540 Risk Management Assistant 08 541 Safety Technician 10 542 Liability Risk Management Analyst 11 555 Strategic Marketing Communications Specialist 11 602 Internal Auditor I 12 604 Plans Examiner 13 612 Budget Analyst – Specialty Level A 12 622 Administrative Analyst I 11 624 Buyer 10 632 Budget Analyst – Specialty Level B 14 636 Equal Opportunity Specialist 12 637 Fair Housing Officer 12 645 Human Resources Analyst 12 652 Budget Analyst – Specialty Level C 16 671 Engineering Services Administrator 16 709 Recreation Program Coordinator 03 717 Economic Development Coordinator I 14 731 Home Ownership Advocate 16 737 Business Developer 14 741 Telecommunications Specialist 10 808 Crime Lab Specialist 14 809 Emergency Management Administrator 15” Section 2. That all Ordinances in conflict herewith are repealed.  37 CITY COMMISSION AUGUST 8, 2023 Result: Adopted. Mover: Perdue. Supporter: Robbins. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect. 92849 Result: Adopted. Mover: O’Connor. Supporter: Robbins. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight AN ORDINANCE AMENDING SECTION 4.3 OF SALARY ORDINANCE 2022-33 ORDINANCE NO. 2023 - 33 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 4.3 of Salary Ordinance 2022-33, be amended to read as follows: “Section 4.3. Executive Level Group: 113 Deputy Comptroller 22 374 Assistant Public Works Director 20 384 Assistant Director of Parks and Recreation 20 658 Assistant Water System Manager 21 659 Assistant Environmental Services Manager 20 669 Assistant City Engineer 22 710 Assistant Planning Director 18” Section 2. That all Ordinances in conflict herewith are repealed. Result: Adopted. Mover: Perdue. Supporter: Robbins. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect. 92850 Result: Adopted. Mover: O’Connor. Supporter: Perdue. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight AN ORDINANCE TO AMEND SALARY ORDINANCE 2022-32 BY AMENDING SECTION 4.1 THEREOF ORDINANCE NO. 2023 - 34 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 4.1 of Salary Ordinance 2022-32, be amended to read as follows: “Section 4.1. Accounting, Collections, Paraprofessional, and Clerical Group:  AUGUST 8, 2023 CITY COMMISSION 38 103 Public Accounts Collector 19A (8 steps) 104 Collections Agent 16A (8 steps) 105 Cashier I 08A (8 steps) 106 Cashier II 11A (8 steps) 107 Accounts Adjustment Coordinator 17A (8 steps) 108 Financial Assistant I 11A (8 steps) 109 Financial Assistant II 13A (8 steps) 112 Accounts Receivable Coordinator 21A (8 steps) 116 Engineering Office Administrative Specialist 20A (8 steps) 119 Police Financial Coordinator 22A (8 steps) 121 Investment Officer 24A (8 steps) 122 Engineering Systems Specialist 24A (8 steps) 123 Retirement Systems Specialist 15A (8 steps) 125 Assessment Records Specialist 18A (7 steps) 128 Police Records Specialist 15A (8 steps) 129 Business Office Representative 16A (8 steps) 130 Police Subpoena Specialist 16A (8 steps) 131 Fire Financial Administrative Coordinator 21A (8 steps) 137 Employee Benefits Assistant 16A (8 steps) 138 Personnel Records Assistant 16AB (7 steps) 144 Police Records Clerk I 10A (8 steps) 145 Police Records Clerk II 12A (8 steps) 155 Clerk Administrative Specialist 23A (8 steps) 157 Archives Assistant 12A (8 steps) 160 Real Property Assessment Aide 11A (8 steps) 166 Storekeeper I 12A (8 steps) 167 Storekeeper II 14A (8 steps) 178 Office Assistant I 07A (8 steps) 179 Office Assistant II 10A (8 steps) 180 Office Assistant III 12A (8 steps) 181 Office Assistant IV 15A (8 steps) 185 Administrative Secretary 15A (8 steps) 190 Customer Services Specialist 18A (7 steps) 192 Elections Specialist 18A (8 steps) 194 Elections Assistant 12A (8 steps) 382 Public Services Assistant 16A (8 steps) 520 Licensing Coordinator 21A (8 steps) 566 311 Customer Service Representative 13A (8 steps) 567 311 Senior Customer Service Specialist 21A (8 steps) 568 311 Customer Service Representative Aide 10A (8 steps) 596 Income Tax Specialist I 15A (8 steps) 597 Income Tax Specialist II 18A (7 steps) 603 Personal Property Tax Auditor 22A (8 steps) 604 Financial Service Manager 22A (8 steps) 605 Accountant I 21A (8 steps)  39 CITY COMMISSION AUGUST 8, 2023 608 Income Tax Examiner 21A (8 steps) 736 Economic Development Assistant 16A (8 steps)” Section 2. That all Ordinances in conflict herewith are repealed. Result: Adopted. Mover: O’Connor. Supporter: Perdue. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect. 92851 Result: Adopted. Mover: Perdue. Supporter: Robbins. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight AN ORDINANCE TO AMEND SALARY ORDINANCE 2022-32 BY AMENDING SECTION 4.5 THEREOF ORDINANCE NO. 2023 - 35 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 4.5 of Salary Ordinance 2022-32, be amended to read as follows: “Section 4.5. Building Trade, Parks Maintenance, Utility Maintenance, and Mechanics Group: 389 Arborist 16A (7 steps) 390 Tree Trimmer I 12A (7 steps) 391 Tree Trimmer II 15A (7 steps) 392 Tree Surgeon 15A (7 steps) 393 Groundskeeper I 09A (7 steps) 394 Groundskeeper II 12A (7 steps) 395 Groundskeeper III 15A (7 steps) 396 Greenskeeper 17A (8 steps) 398 Building Maintenance Mechanic I 13A (7 steps) 399 Building Maintenance Mechanic II 16A (7 steps) 402 Water Plant Operator I 12A (7 steps) 403 Water Plant Operator II 16A (7 steps) 404 Plant Assistant I 10A (7 steps) 405 Wastewater Plant Operator I 12A (7 steps) 406 Wastewater Plant Operator II 16A (7 steps) 407 Plant Assistant II 12A (7 steps) 408 Water Plant Operator III 20A (7 steps) 416 Water Service Worker I 12A (7 steps) 417 Water Service Worker II 14A (7 steps) 419 Utility Locator 16A (7 steps) 421 Maintenance Planner/Scheduler Technician 18A (7 steps) 422 Lineworker I 15A (7 steps)  AUGUST 8, 2023 CITY COMMISSION 40 423 Lineworker II 19A (7 steps) 424 Line Foreperson 22A (7 steps) 425 Water Service Specialist 18A (7 steps) 426 Utility Operator/Maintainer 18A (7 steps) 427 Assistant Water System Mechanic 12A (7 steps) 428 Water Meter Repair Worker I 10A (7 steps) 429 Water Meter Repair Worker II 13A (7 steps) 430 Water System Mechanic 16A (7 steps) 431 Utilities Crew Leader 16A (7 steps) 432 Senior Water System Mechanic 19A (7 steps) 435 Utility Maintenance Mechanic I 12A (7 steps) 436 Utility Maintenance Mechanic II 16A (7 steps) 437 Utility Maintenance Mechanic III 18A (7 steps) 438 Welder 17A (7 steps) 440 Signals Electronics Technician I 19A (7 steps) 441 Signals Electronics Technician II 23A (7 steps) 442 Journeyman Signal Technician 19A (7 steps) 443 Machinist 19A (7 steps) 445 Carpenter 16A (7 steps) 446 Master Signal Technician 22A (7 steps) 448 Maintenance Painter 16A (7 steps) 449 Plumber 17A (7 steps) 450 Master Plumber 22A (7 steps) 452 Equipment Trainer 21A (7 steps) 454 Fleet Operations Analyst 21A (7 steps) 455 Light Equipment Mechanic 17A (7 steps) 456 Heavy Equipment Mechanic 18A (7 steps) 457 Lead Equipment Mechanic 21A (7 steps) 458 Instrument Technician 18A (7 steps) 459 Electrician I 19A (7 steps) 460 Electrician II 24A (7 steps) 464 Facilities Maintenance Technician 25A (8 steps) 466 Journeyman Line Worker 19A (7 steps) 467 Journeyman Line Foreperson 22A (7 steps) 468 Electrical Apprentice 16A (7 steps) 495 Wastewater Plant Operator III 18A (7 steps)” Section 2. That all Ordinances in conflict herewith are repealed. Result: Adopted. Mover: Robbins. Supporter: Perdue. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect.  41 CITY COMMISSION AUGUST 8, 2023 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to suspend the rules. 92852 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight AN ORDINANCE TO PROVIDE FOR THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE SANITARY SEWER SYSTEM OF THE CITY OF GRAND RAPIDS; TO AUTHORIZE THE ISSUANCE AND SALE OF SANITARY SEWER SYSTEM IMPROVEMENT JUNIOR LIEN REVENUE BONDS, SERIES 2023, IN ONE OR MORE SERIES, BY THE CITY, PURSUANT TO THE PROVISIONS OF ACT 94 OF THE PUBLIC ACTS OF MICHIGAN OF 1933, AS AMENDED, FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND INSTALLING IMPROVEMENTS TO THE SANITARY SEWER SYSTEM; TO PRESCRIBE THE FORM OF BONDS; TO PROVIDE FOR THE PAYMENT AND SECURITY OF SAID BONDS; AND OTHER MATTERS RELATING THERETO. ORDINANCE NO. 2023 - 36 NOW, THEREFORE, THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. Definitions. Whenever used in this Ordinance or in the bonds to be issued hereunder, except when otherwise indicated by context, the following definitions shall apply: “Act 94” means the Revenue Bond Act, Act 94 of the Public Acts of Michigan of 1933, as amended, MCL 141.101, et seq. “Authority” means the Michigan Finance Authority created pursuant to Executive Reorganization Order of the Governor of the State of Michigan, E.R.O. 2010-2, and effective May 30, 2010. “Authorized Officer” means the Mayor, City Manager, Deputy City Manager, or Chief Financial Officer of the City (or any of their designees), or any one of them acting alone or more of them acting together. “City” means the City of Grand Rapids, Kent County, Michigan. “City Commission” means the City Commission of the City, the governing body thereof. “Contract Documents” means the Purchase Contract between the City and the Authority, the Supplemental Agreement by and among the City, the Authority and the State of Michigan acting through the Department of Environment, Great Lakes and Energy, and the Issuer’s Certificate for each series of the Series 2023 Junior  AUGUST 8, 2023 CITY COMMISSION 42 Lien Bonds, and such other closing documents required by the Authority for the issuance of each series of the Series 2023 Junior Lien Bonds. “Improvements” mean the improvements to the Sanitary Sewer System described in Section 2. “Ordinance No. 90-06” means the master bond ordinance of the City providing for the issuance and sale of sanitary sewer revenue bonds under the provisions of Act 94 adopted by the City Commission on January 9, 1990, as amended, and all Series Ordinances (as defined therein) adopted prior hereto, now or hereafter, pursuant thereto. “Outstanding Junior Lien Bonds” means all Junior Lien Bonds (as defined in Ordinance No. 90-06) all or a portion of which are outstanding on the effective date of this Ordinance. “Sanitary Sewer System” means the sanitary sewer system of the City as the same is acquired, constructed, and installed, all property real and personal, used and useful therefore, all apparatus and equipment used in connection therewith, and all acquisitions, replacements, enlargements, improvements, extensions, additions and betterments that may be made thereto at any time. “Series 2023 Junior Lien Bonds” means the City of Grand Rapids, Michigan, Sanitary Sewer System Improvement Junior Lien Revenue Bonds, Series 2023, issued in one or more series, each with an appropriate series designation, authorized and issued pursuant to Act 94 and this Ordinance. Section 2. Necessity; Public Purpose; Description of Improvements. It is hereby determined to be necessary for the public health, safety and welfare of the City and in the best interest of the City to undertake improvements to the City's Sanitary Sewer System, including, without limitation, (a) improvements to, and the conversion of, the ash lagoon at the Water Resource Recovery Facility to a first-flush storm water retention pond, including but not limited to site preparation, base excavation, sidewalls excavation, dewatering and treatment of water removed, transport and disposal of contaminated soils, backfill, final grading, topsoil and restoration, and oversight; (b) stormwater treatment improvements, including but not limited to construction and installation of a splitter box, pumps, controls and electrical, yard piping, and mechanical improvements; (c) as well as all work, equipment, and appurtenances necessary or incidental to these improvements, and (d) other facility upgrades and improvements to the Sanitary Sewer System as may be determined by the City in consultation with the City Engineer; and (e) to pay the costs of issuing the bonds (collectively, the "Improvements"), for the benefit of the City and the users of the Sanitary Sewer System. Section 3. Estimated Cost; Period of Usefulness. The cost of the Improvements has been estimated to be not more than Fifteen Million Dollars ($15,000,000), including the payment of eligible engineering, legal, financial, and other expenses related to the Improvements and incidental expenses as are  43 CITY COMMISSION AUGUST 8, 2023 hereafter specified in Section 4 hereof, which estimate of cost is hereby approved and confirmed, and the period of usefulness of the public improvements is estimated to be not less than forty (40) years. Section 4. Issuance of Bonds. To defray the cost of acquiring, constructing and installing the Improvements, including the payment of eligible engineering, legal, financial, and other expenses related to the Improvements and other expenses incident thereto and incident to the issuance and sale of the Series 2023 Junior Lien Bonds, it is hereby determined that the City borrow the sum of not to exceed Fifteen Million Dollars ($15,000,000) and that revenue bonds be issued therefor pursuant to the provisions of Act 94. The remaining cost of the Improvements, if any, shall be paid from City funds on hand and legally available for such use. During the time funds are being drawn down by the City under the Series 2023 Junior Lien Bonds, the Authority will periodically provide the City a statement showing the amount of principal that has been advanced and the date of each advance, which statement shall constitute prima facie evidence of the reported information; provided that no failure on the part of the Authority to provide such a statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the City of its obligation to repay the outstanding principal amount actually advanced, all accrued interest thereon, and any other amount payable with respect thereto in accordance with the terms of each series of the Series 2023 Junior Lien Bonds. Section 5. Bond Information and Authorization. The Series 2023 Junior Lien Bonds shall be junior lien revenue bonds payable, subject to Ordinance No. 90-06 out of the revenues of the Sanitary Sewer System after provisions have been made for the payment of expenses of administration, operation and maintenance of the Sanitary Sewer System; shall be on parity with the Outstanding Junior Lien Bonds; shall be initially numbered consecutively in the direct order of their principal maturities from 1 upward or numbered 1 with a schedule of principal maturities attached; shall be in any denominations or whole multiples of such denomination within each maturity or in the form of a single bond equal to the total outstanding principal amount of each series of the Series 2023 Junior Lien Bonds; and shall bear interest at a rate of not to exceed 2.5% per annum. The Series 2023 Junior Lien Bonds shall be designated Sanitary Sewer System Improvement Junior Lien Revenue Bonds, Series 2023, each with an appropriate series designation. Pursuant to the provisions of Section 7a(1)(c) of Act 94 and within the limitations of applicable law and this Ordinance, the Authorized Officer is hereby authorized by this Ordinance to approve the dated date, principal amount, maturities, principal payment dates, interest payment dates and other matters and procedures necessary to complete the issuance of each of the Series 2023 Junior Lien Bonds by the City and their purchase by the Authority.  AUGUST 8, 2023 CITY COMMISSION 44 The Series 2023 Junior Lien Bonds shall be subject to redemption prior to maturity, at the option of the City (with the prior consent of the Authority and on such terms as may be required by the Authority so long as it is the registered holder of any of the Series 2023 Junior Lien Bonds) in such order as the City shall determine, on any date. Series 2023 Junior Lien Bonds may be partially redeemed as approved by the Authority. If less than all of the Series 2023 Junior Lien Bonds maturing in any year are to be redeemed, the Series 2023 Junior Lien Bonds or portions thereof to be redeemed shall be by lot. Except as otherwise required by the Authority, if it is the registered holder of any of the Series 2023 Junior Lien Bonds, the redemption price shall be the par value of the Series 2023 Junior Lien Bond or portion thereof called for redemption plus accrued interest to the date of redemption. Notice of redemption shall be given to the registered holders of the Series 2023 Junior Lien Bonds to be redeemed not less than 30 days prior to the date fixed for redemption (and received not less than 40 days prior to the date of redemption if the Authority is the holder of any of the Series 2023 Junior Lien Bonds) by first-class mail to the address of such registered holders as shown on the bond register on the date such notice is given, kept by or on behalf of the City. Series 2023 Junior Lien Bonds so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. The interest on the Series 2023 Junior Lien Bonds shall be payable by check or draft mailed by the paying agent by first-class mail, postage prepaid, to the registered holder(s) thereof at the address shown on the bond register kept by the bond registrar as of the 15th day of the month preceding the month a payment of interest on the Series 2023 Junior Lien Bonds is due. The principal of the Series 2023 Junior Lien Bonds shall be payable to the registered holders thereof, shown on the bond register kept by the bond registrar, on the principal payment dates and maturity dates thereof. Principal of and interest on the Series 2023 Junior Lien Bonds shall be payable in lawful money of the United States of America. Section 6. Bond Registrar; Paying Agent; Registration; Execution; and Authentication. The Series 2023 Junior Lien Bonds shall be registered as to both principal and interest on the bond register kept for that purpose by the City Treasurer, as bond registrar, who shall also be the paying agent for the Series 2023 Junior Lien Bonds. The City may, from time to time, designate a different bond registrar and/or paying agent. Notice of a change in the bond registrar and/or paying agent shall be given in writing by certified mail to each registered holder of the Series 2023 Junior Lien Bonds not less than 60 days prior to a change in bond registrar and/or paying agent.  45 CITY COMMISSION AUGUST 8, 2023 The Series 2023 Junior Lien Bonds are transferable only upon presentation to the bond registrar with a written authorization of transfer by the registered holder or its attorney-in-fact. The Series 2023 Junior Lien Bonds shall be signed on behalf of the City by the manual or facsimile signature of the Mayor and countersigned by the manual or facsimile signature of the City Comptroller, the corporate seal of the City shall be impressed or reproduced thereon and the same shall be attested by the manual or facsimile signature of the City Clerk. The City Treasurer is hereby authorized to authenticate the Series 2023 Junior Lien Bonds, by manual or facsimile signature. Upon the execution and authentication of said Series 2023 Junior Lien Bonds, the same shall be delivered to the Chief Financial Officer of the City who is hereby authorized and directed to deliver said Series 2023 Junior Lien Bonds to the original purchaser thereof. Section 7. Bond Form. The form of each Series 2023 Junior Lien Bonds shall be substantially as follows with appropriate series designation: R-__ UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF KENT CITY OF GRAND RAPIDS SANITARY SEWER SYSTEM IMPROVEMENT JUNIOR LIEN REVENUE BOND, SERIES 2023 INTEREST RATE MATURITY DATE OF ORIGINAL ISSUE ___% Exhibit A REGISTERED OWNER: Michigan Finance Authority PRINCIPAL AMOUNT: Dollars ($____________) The City of Grand Rapids, County of Kent, State of Michigan (the “City”), acknowledges itself indebted to, and for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above or so much thereof as shall have been advanced to the City pursuant to Purchase Contract between the City and the Michigan Finance Authority (the “Authority”) and a Supplemental Agreement by and among the City, the Authority and the State of Michigan acting through the Department of Environment, Great Lakes and Energy, on the maturity dates and in the amounts set forth in Exhibit A attached hereto commencing __________, 20___ (as identified in the Purchase Contract between the City and the Authority) unless redeemed prior thereto as hereinafter provided, the final payment being made upon presentation and surrender of this Series 2023 Bond at the office of the City Treasurer, Grand Rapids, Michigan, the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant  AUGUST 8, 2023 CITY COMMISSION 46 to the Series 2023 Bonds Series Ordinance identified below; and to pay to the Registered Owner at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest at the rate per annum specified above on such Principal Amount, to the extent advanced to the City pursuant to the Purchase Contract and the Supplemental Agreement, from each date so advanced until the City’s obligation with respect to the payment of such Principal Amount is discharged. Interest is payable on the first days of April and October in each year, commencing on _________, 20__. Principal and interest are payable in lawful money of the United States of America. In the event of a default in the payment of principal of or interest hereon when due, whether at maturity, by redemption or otherwise, the amount of such default shall bear interest (the “additional interest”) at a rate equal to the rate of interest which is two percent above the Authority’s cost of providing funds (as determined by the Authority) to make payment on the bonds of the Authority issued to provide funds to purchase this Series 2023 Bond but in no event in excess of the maximum rate of interest permitted by law. The additional interest shall continue to accrue until the Authority has been fully reimbursed for all costs incurred by the Authority (as determined by the Authority) as a consequence of the City’s default. Such additional interest shall be payable on the interest payment date following demand of the Authority. In the event that (for reasons other than the default in the payment of any municipal obligation purchased by the Authority) the investment of amounts in the reserve account established by the Authority for the bonds of the Authority issued to provide funds to purchase this Series 2023 Bond fails to provide sufficient available funds (together with any other funds which may be made available for such purpose) to pay the interest on outstanding bonds of the Authority issued to fund such account, the City shall and hereby agrees to pay on demand only the City’s pro rata share (as determined by the Authority) of such deficiency as additional interest on this Series 2023 Bond. During the time funds are being drawn down by the City under this Series 2023 Bond, the Authority will periodically provide the City a statement showing the amount of principal that has been advanced and the date of each advance, which statement shall constitute prima facie evidence of the reported information; provided that no failure on the part of the Authority to provide such a statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the City of its obligation to repay the outstanding principal amount actually advanced, all accrued interest thereon, and any other amount payable with respect thereto in accordance with the terms of this Series 2023 Bond. Principal of this Series 2023 Bond is subject to redemption prior to maturity at the option of the City with the prior written consent of the Authority and on such terms as may be required by the Authority.  47 CITY COMMISSION AUGUST 8, 2023 Not less than thirty days’ (forty days if the Authority is the holder of this Series 2023 Bond) notice of redemption of bond principal shall be given to the Registered Owner of this Bond by mail to the Registered Owner at the registered address. Bond principal called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. Notwithstanding any other provision of this Series 2023 Bond, so long as the Authority is the owner of this Series 2023 Bond: (a) this Series 2023 Bond shall be payable in lawful money of the United States; (b) this Series 2023 Bond is payable as to principal, premium, if any, and interest at U.S. Bank Trust Company, National Association, or at such other place as shall be designated in writing to the City by the Authority (the “Authority’s Depository”); (c) the City agrees that it will deposit with the Authority’s Depository payments of the principal of, premium, if any, and interest on this Series 2023 Bond in immediately available funds by 12:00 p.m. (noon) at least five business days prior to the date on which any such payment is due whether by maturity, redemption or otherwise; in the event that the Authority’s Depository has not received the City’s deposit by 12:00 p.m. (noon) on the scheduled day, the City shall immediately pay to the Authority as invoiced by the Authority an amount to recover the Authority’s administrative costs and lost investment earnings attributable to that late payment; and (d) written notice of any redemption of this Series 2023 Bond shall be given by the City and received by the Authority’s Depository at least 40 days prior to the date on which such redemption is to be made. This Series 2023 Bond is a self-liquidating bond issued pursuant to and in accordance with the Constitution and statutes of the State of Michigan, including particularly the Revenue Bond Act, Act 94 of the Public Acts of Michigan of 1933, as amended (“Act 94”), Ordinance 90-06 adopted by the City Commission of the City on January 9, 1990, as amended (the “Bond Ordinance”) and Ordinance No. 2023-__ adopted by the City Commission of the City on _________, 2023 (the “Series 2023 Bonds Series Ordinance” and together with the Bond Ordinance, the “Ordinances”), for the purpose of acquiring, constructing and installing certain improvements to the City’s Sanitary Sewer System and paying certain other costs including engineering costs related thereto and costs related to the issuance of the Series 2023 Bonds. The revenues derived from the operation of the City’s Sanitary Sewer System, less the expenses of administration, operation and maintenance of the Sanitary Sewer System, are hereby irrevocably pledged and a statutory lien thereon is hereby created for the payment of principal of and interest hereon. Said pledge of and lien upon revenues of the City’s Sanitary Sewer System shall at all times be and remain subordinate and inferior in all respects to the pledges of and liens upon such revenues (i) made or authorized for any Bonds (as defined in the Bond Ordinance) issued pursuant to the Bond Ordinance and any Series Ordinances (as defined in the Bond Ordinance) adopted in accordance with the Bond Ordinance or (ii) given in favor of the providers of Credit Facilities and  AUGUST 8, 2023 CITY COMMISSION 48 Reserve Fund Credit Facilities (as those terms are defined in the Bond Ordinance) provided as additional security for Bonds issued pursuant to the Bond Ordinance and any Series Ordinance adopted pursuant thereto. Said pledge of and lien upon the revenues of the City’s Sanitary Sewer System shall be on parity with a similar pledge and lien upon such revenues given as security for the City’s Outstanding Junior Lien Bonds (as defined in the Series 2023 Bonds Series Ordinance). So long as a payment default shall exist with respect to any Bonds (as defined in the Bond Ordinance) that are not Junior Lien Bonds (as defined in the Bond Ordinance) (the “Senior Bonds”) (i) no payments shall be made on or in respect of such Junior Lien Bonds including the Series 2023 Bonds, (ii) the Trustee (as defined in the Bond Ordinance) acting on behalf of and at the direction and with the consent of a majority of the holders of Senior Bonds (the “Directing Party”), shall have the exclusive right to file claims and proofs of claims, to vote the full amount of any Junior Lien Bonds including this Series 2023 Bond and to direct any actions taken on behalf of the holders of Junior Lien Bonds including this Series 2023 Bond in connection with any plan of reorganization, arrangement or similar action in any bankruptcy proceedings, receivership or similar proceedings, and (iii) no Junior Lien Bonds including this Series 2023 Bond may be accelerated without the prior consent of the Directing Party. The City hereby covenants and agrees to fix and maintain, at all times that this Series 2023 Bond and other bonds of the same series as this Series 2023 Bond, if any, are outstanding, such rates for services furnished by the City’s Sanitary Sewer System as shall be sufficient to provide for the payment of the principal of, premium, if any, and interest on all revenue bonds issued pursuant to Act 94 and the Ordinances which pledge the revenues of said Sanitary Sewer System as security therefor. The City further covenants and agrees to provide for the payment of expenses of administration, operation and maintenance of said Sanitary Sewer System as are necessary to preserve the same in good repair and working order and to provide for such other expenditures and such funds as are required by the Ordinances. Additional bonds may be issued in accordance with the provisions of the Ordinances. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Series 2023 Bond and other bonds of the same series as this Series 2023 Bond, exist, have happened and have been performed in due time, form and manner as required by law.  49 CITY COMMISSION AUGUST 8, 2023 IN WITNESS WHEREOF, the City of Grand Rapids, County of Kent, Michigan, has caused this Series 2023 Bond to be signed by the manual or facsimile signature of its Mayor and countersigned by the manual or facsimile signature of the City Comptroller, its corporate seal to be impressed or printed hereon and the same attested to by the manual or facsimile signature of the City Clerk. This Series 2023 Bond shall not be valid unless the Certificate of Authentication has been manually executed by the bond registrar and paying agent. CITY OF GRAND RAPIDS By (SEAL) Rosalynn Bliss, Mayor Countersigned: By By Joel H. Hondorp Charles “Max” Frantz City Clerk City Comptroller CERTIFICATE OF AUTHENTICATION This Series 2023 Bond is the bond described in the within mentioned Series Ordinance. John Globensky, City Treasurer Bond Registrar and Paying Agent AUTHENTICATION DATE: _____________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and does hereby irrevocably constitute and appoint  AUGUST 8, 2023 CITY COMMISSION 50 attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. EXHIBIT A The principal amounts and maturity dates applicable to the Series 2023 Bond to which this Exhibit A is attached are as follows: Maturity Date ( ) Principal Amount Section 8. Revenues as Security. The principal of, premium, if any, and interest on the Series 2023 Junior Lien Bonds shall be payable from the revenues derived from the operation of the Sanitary Sewer System. The revenues derived from the operation of the Sanitary Sewer System, less expenses of administration, operation and maintenance of the Sanitary Sewer System, are hereby irrevocably pledged and a statutory lien thereon is hereby created for the payment of principal  51 CITY COMMISSION AUGUST 8, 2023 of, premium, if any, and interest on the Series 2023 Junior Lien Bonds and any additional bonds of equal standing which have been or may be issued. Said pledge of and lien upon revenues of the Sanitary Sewer System shall at all times be and remain subordinate and inferior in all respects to the pledges of and liens upon such revenues (i) made or authorized for any Bonds (as defined in Ordinance No. 90-06) issued pursuant to Ordinance No. 90-06 and any Series Ordinance (as defined in Ordinance No. 90-06) adopted in accordance with Ordinance No. 90-06 or (ii) given in favor of the providers of Credit Facilities and Reserve Fund Credit Facilities (as those terms are defined in Ordinance No. 90- 06) provided as additional security for Bonds issued pursuant to Ordinance No. 90-06 and any Series Ordinance adopted pursuant thereto. Section 9. Rights of Bondholders. The holder or holders of the Series 2023 Junior Lien Bonds representing in the aggregate not less than 20% of the entire issue then outstanding may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce the pledge and lien set forth in Section 8 hereof and enforce and compel the performance of all duties of the officers of the City, including the fixing of sufficient rates, the collection of revenues, the proper segregation of revenues and the proper application thereof, provided, however, the holders of such Series 2023 Junior Lien Bonds may not take any action which (a) is inconsistent with the provisions of Ordinance No. 90- 06, which jeopardize or diminish the rights of holders of Bonds issued pursuant to Ordinance No. 90-06 and any Series Ordinance (as defined in Ordinance No. 90- 06) adopted in accordance with Ordinance No. 90-06 or which would jeopardize or diminish the security or the priority of the security of Bonds issued pursuant to Ordinance No. 90-06 and any Series Ordinance (as defined in Ordinance No. 90- 06) adopted in accordance therewith, or (b) jeopardize or diminish the rights of holders of the Outstanding Junior Lien Bonds. The pledge and lien of revenues of the Sanitary Sewer System shall not be construed to give any holder of any Series 2023 Junior Lien Bond authority to compel the sale of the Sanitary Sewer System, including the Improvements, the revenues of which are pledged thereto. The holder or holders, from time to time, of the Series 2023 Junior Lien Bonds shall have all the rights and remedies given by law including particularly Act 94 for the enforcement of the City’s obligations under this Ordinance and in the Series 2023 Junior Lien Bonds, provided, however, the holder or holders of such Series 2023 Junior Lien Bonds may not take any action which (a) is inconsistent with the provisions of Ordinance No. 90-06, which jeopardize or diminish the rights of holders of Bonds issued pursuant to Ordinance No. 90-06 and any Series Ordinance (as defined in Ordinance No. 90-06) adopted in accordance with Ordinance No. 90-06 or which would jeopardize or diminish the security or the priority of the security of Bonds issued pursuant to Ordinance No. 90-06 and any Series Ordinance (as defined in Ordinance No. 90-06) adopted in accordance therewith or (b) jeopardize or diminish the rights of holders of the Outstanding Junior Lien Bonds.  AUGUST 8, 2023 CITY COMMISSION 52 Section 10. Management of System. The management and operation of the Sanitary Sewer System shall be under the control of the City Commission. The City Commission may employ such persons in such capacities as it deems advisable to carry on the efficient management and operation of the Sanitary Sewer System. The City Commission may make such rules and regulations as it deems advisable and necessary to assure the efficient management and operation of the Sanitary Sewer System and not inconsistent with the provisions of Ordinance No. 90-06. Section 11. Establishment of Funds and Disposition and Investment of System Revenues. Funds of the Sanitary Sewer System shall be established and revenues of the Sanitary Sewer System shall be disposed of and invested as provided in Ordinance No. 90-06, provided, however, there shall be no Reserve Requirement (as defined in Ordinance No. 90-06) required for the Series 2023 Junior Lien Bonds and the City shall not be required to deposit the payments of principal of and interest on the Series 2023 Junior Lien Bonds on a monthly basis in the Bond and Interest Redemption Fund (as defined in Ordinance No. 90-06) as provided in Ordinance No.90-06. Section 12. Rates and Charges. The City hereby covenants and agrees to fix and maintain, at all times that the Series 2023 Junior Lien Bonds are outstanding, such rates for services furnished by the Sanitary Sewer System as shall be sufficient to pay (i) the expenses of administration and the costs of operation and maintenance of the Sanitary Sewer System; (ii) principal of, premium, if any, and interest on the Series 2023 Junior Lien Bonds and any bonds issued or that may be issued pursuant to Ordinance No. 90-06; and (iii) the cost of replacement, repairs and improvements to the Sanitary Sewer System and the cost of all other requirements provided herein, and otherwise comply with the covenants herein provided. Section 13. Lien. By Section 21 of Act 94 and this Ordinance, the rates and charges for services furnished to premises by the Sanitary Sewer System are made liens thereon, and those rates and charges delinquent for six months or more shall be certified by the City annually on March 1 of each year to the City tax assessing officer who shall enter the same upon the next tax roll against the premises to which the service shall have been rendered, and the rates and charges shall be collected and the lien shall be enforced in the same manner as provided for the collection of ad valorem property taxes assessed upon such roll and the enforcement of the lien therefor. However, in all cases where a tenant is responsible for the payment of the charges and the City is so notified in writing (including a true copy of any lease), then the charges shall not become a lien against the premises from and after the date of the notice. From and after such notice, no further service shall be rendered to the premises until a cash deposit of not less than three months service shall have been made as security for payment of the charges.  53 CITY COMMISSION AUGUST 8, 2023 Section 14. No Free Service. No free service shall be furnished by the Sanitary Sewer System to the City or to any individual, firm or corporation, public or private, or to any agency or instrumentality. Section 15. Covenants. The City covenants and agrees, so long as any of the Series 2023 Junior Lien Bonds remain outstanding, as follows: A. That, with reference to the Sanitary Sewer System, it will punctually perform all duties and comply with applicable State of Michigan laws, rules and regulations and continually operate and maintain the Sanitary Sewer System in good condition. B. That it will acquire, construct and install the Improvements, and that it will not sell, lease, mortgage or in any manner dispose of the Sanitary Sewer System, including the Improvements, or any substantial part thereof, until all bonds payable from the revenues of the Sanitary Sewer System shall have been paid in full or provision has been made for the payment of such bonds. C. That it will maintain complete books and records relating to the operation of the Sanitary Sewer System and its financial affairs and will cause such books and records to be audited annually at the end of each fiscal year and an audit report prepared, and furnish any holder of any Series 2023 Junior Lien Bonds a copy of such report upon written request. D. That it will prepare, keep and file such records, statements and accounts as may be required by law and that it will file with the Authority and the Local Audit Division of the Michigan Department of Treasury each fiscal year a report or audit made in accordance with the accounting methods of the City, completely setting forth the financial operations of such fiscal year. E. That it will maintain and carry insurance or a program of self-insurance on all physical properties of the Sanitary Sewer System, of the kinds and in the amounts normally carried by municipalities engaged in the operation of similar systems. All moneys received for losses under any such insurance policies shall be applied first to the repair, replacement and restoration of the property damaged or destroyed. Section 16. Additional Bonds. The City may issue Additional Bonds (as defined in Ordinance No. 90-06) prior and superior to the Series 2023 Junior Lien Bonds in accordance with Ordinance No. 90-06 and may issue additional Junior Lien Bonds (as defined in Ordinance No. 90-06) of equal standing as the Series 2023 Junior Lien Bonds provided such additional Junior Lien Bonds may be issued only if the Net Revenues (as defined in Act 94) of the Sanitary Sewer System for the fiscal year next preceding the year in which such additional bonds are to be issued, adjusted to reflect any rate increases currently adopted and to be in effect prior to or coincident with the issuance of such additional Junior Lien Bonds, and determined pro forma, as though such rate increases had been in continuous effect during the preceding fiscal year, were 100% of the average annual debt service requirements on all bonds then outstanding payable  AUGUST 8, 2023 CITY COMMISSION 54 principally from the revenues of Sanitary Sewer System and those proposed to be issued. Section 17. Ordinance Shall Constitute Contract. The provisions of this Ordinance shall constitute a contract between the City and the holders of the Series 2023 Junior Lien Bonds and after the issuance of such Series 2023 Junior Lien Bonds this Ordinance shall not be repealed or amended in any respect which will adversely affect the rights and interests of the holders of the Series 2023 Junior Lien Bonds, nor shall the City adopt any law, ordinance or resolution which in any way adversely affects the rights of the holders of the Series 2023 Junior Lien Bonds so long as the Series 2023 Junior Lien Bonds or interest thereon remains outstanding. Section 18. Sale of Series 2023 Junior Lien Bonds to Authority. The Series 2023 Junior Lien Bonds are hereby authorized to be sold to the Authority pursuant to Contract Documents between the City and the Authority. Each series of the Series 2023 Junior Lien Bonds shall be sold to the Authority by means of a negotiated sale. The City determines that a negotiated sale to the Authority is in the best interest of the City because the terms offered by the Authority are more favorable than those available from other sources of funding. Section 19. Report of Sale of Series 2023 Junior Lien Bonds. The Chief Financial Officer the City or a designee, prior to the issuance of the Series 2023 Junior Lien Bonds authorized by this Ordinance, shall file a report with the City Commission with respect to the sale of the Series 2023 Junior Lien Bonds. Such report shall include (i) the date of issue, principal amount and manner of sale, (ii) the interest rate or rates, (iii) the Reserve Requirement, if any, and (iv) the use and disposition of the proceeds thereof. Section 20. Execution of Documents, Retention of Municipal Advisor. The Mayor, City Clerk, City Comptroller, City Treasurer, City Manager, or the Chief Financial Officer of the City are hereby authorized to execute and deliver such documents, certificates, instruments and other papers as may be necessary to effect the sale and delivery of the Series 2023 Junior Lien Bonds including the Contract Documents. The Contract Documents are hereby approved in such form as approved by the City’s Bond Counsel. In connection with the issuance and sale of the Series 2023 Junior Lien Bonds the Chief Financial Officer is authorized to retain the services of a municipal advisor to assist the City. Section 21. Ordinance Subject to Michigan Law. The provisions of this Ordinance are subject to the laws of the State of Michigan. Section 22. Tax Covenant. If any of the Series 2023 Junior Lien Bonds are issued as bonds, the interest on which is exempt from taxation for purposes of the federal income tax (“Tax-Exempt Bonds”), the City covenants to comply with all requirements of the Code necessary to assure that the interest on such Series 2023 Junior Lien Bonds will be and will remain excludable from gross income for  55 CITY COMMISSION AUGUST 8, 2023 federal income tax purposes. The Authorized Officer is authorized to determine whether a series of the Series 2023 Junior Lien Bonds are issues as Tax-Exempt Bonds or not. The Authorized Officer and other appropriate officials of the City are authorized to do all things necessary to assure that the interest on the applicable series of the Series 2023 Junior Lien Bonds will be and will remain excludable from gross income for federal income tax purposes. Section 23. Operating Year of System. The operating year of the Sanitary Sewer System shall coincide with the fiscal year of the City which currently begins July 1 and ends June 30. Section 24. Paragraph Headings. The paragraph headings in this Ordinance are furnished for convenience of reference only and shall not be considered to be a part of this Ordinance. Section 25. Publication and Recordation. This Ordinance shall be published once in full in The Grand Rapids Press, a newspaper of general circulation in the City, promptly after its adoption and the same shall be recorded in the ordinance book of the City and such recording authenticated by the signatures of the Mayor of the City and City Clerk. Section 26. Severability. If any section, paragraph, sentence, clause or phrase of this Ordinance shall be held invalid, the same shall not affect any other part of this Ordinance. Section 27. Effective Date. This Ordinance is effective immediately upon its adoption. Result: Adopted. Mover: Perdue. Supporter: Robbins. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give ordinance immediate effect. 92853 Result: Adopted. Mover: O’Connor. Supporter: Perdue. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight ORDINANCE AMENDING SECTIONS 5.15.03. NONCONFORMING AND ABANDONED SIGNS; BILLBOARD EXCHANGE PROGRAM AND 5.15.17. SIGN DEFINITIONS, OF CHAPTER 61, TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING ORDINANCE” ORDINANCE NO. 2023 - 37 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Title V, Chapter 61, Section 5.15.03. of the Code of the City of Grand Rapids be renamed to read as follows:  AUGUST 8, 2023 CITY COMMISSION 56 Sec. 5.15.03. Nonconforming and Abandoned Signs; Billboard Exchange Program. “Sec. 5.15.03. Nonconforming and Abandoned Signs; Billboard Exchange Programs.” Section 2. That Title V, Chapter 61, Subsection B. of Section 5.15.03. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.15.03. Nonconforming and Abandoned Signs; Billboard Exchange Programs. B. “Expansion or Extension Prohibited. Nonconforming signs shall not be expanded, enlarged, extended, relocated, repositioned, upgraded, or structurally altered to create an additional nonconformity or to increase the extent of the existing nonconformity, except as permitted by the Billboard Exchange Program. A nonconforming sign may be lessened in size or dimension without jeopardizing its nonconforming status in accordance with Section 5.15.03.G.” Section 3. That Title V, Chapter 61, Subsection I. of Section 5.15.03. of the Code of the City of Grand Rapids be amended in its entirety to read as follows: Sec. 5.15.03. Nonconforming and Abandoned Signs; Billboard Exchange Programs. I. “Billboard Exchange Programs. 1. Purpose and Applicability. For the purposes of this Section, two billboard exchange programs are contained herein. The first program pertains to permissible upgrades to non-conforming off-premises signage allowed along I-196, I-96, or US-131 within the Upgrade Eligibility Zone. The second program is intended to allow the repositioning of non-conforming off-premises signage located within specified Mixed-Use Commercial Zone Districts. It is the intent of this Section to promote the health, safety, and general welfare of the citizens of Grand Rapids, and to establish reasonable and uniform regulations that advance the continued growth and development of the city. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on protected speech. 2. Credits. The premise of both exchange programs is to encourage a reduction or reassignment of billboard signage and/or square footage for the purposes of facilitating redevelopment. Therefore, all nonconforming off-premises signs existing on the effective date of this amendment, except those located in the MON-C or SD-IT Zone Districts, are eligible for voluntary removal credits to be applied toward (1) physical upgrades of eligible off-premises signs as defined in 57 CITY COMMISSION AUGUST 8, 2023 Section 5.15.03.I.3. within the Upgrade Eligibility Zone, or (2) repositioning as defined in Section 5.15.03.I.4. in appropriate Zone Districts. Credits shall be based on sign face size, sign type/locations, number of sign faces, and sign face square footage. Additional credits are available for certain signs, as approved by the Planning Director, to facilitate the redevelopment of land. No removal credits shall be awarded for sign faces to be removed or replaced by an eligible upgrade or for signs that conform to existing zoning requirements. a. Table 5.15.03.I.2.a. below describes how voluntary removal credits are calculated. Whole numbers shall only apply to credits to be used. The Planning Department shall document credits used and credits reserved for future use. Table 5.15.03.I.2.a. Off-Premises Sign Voluntary Removal Credits Upgrade Repositioning Sign Type/ Eligibility Zone Exchange Credit (sq. Location Credit (value)* ft.) Poster Billboard 1 Actual sq. ft. of face Bulletin Billboard 2 Actual sq. ft. of face Property for Redevelopment Base Credit × (Subject to Director sq. ft. credit x 2.0 2.0 Approval) *See Bonus Credits in 5.15.03.I.2.b. b. Bonus Credits. i. Property for Redevelopment may receive a Bonus Credit of the Base Credit × 2.0, subject to Director Approval. For example: The removal of an off-premises poster-size sign with two (2) faces located on property to be used for redevelopment (with Director Approval) would be awarded four (4) credits; 2 faces × 1 credit per face × 2 bonus credits = 4 credits; within the Upgrade Eligibility Zone. If intended for use within an allowed Mixed-Use Commercial District, two poster-sized signs measuring 253 square feet each (506 square feet total) would be awarded double the amount, providing a 988 square feet credit available for repositioning. ii. Redevelopment bonus credits shall be awarded as determined by the Director. Bonus credits not used immediately may be reserved for future use. The Director shall determine that removal of a nonconforming off-premises sign is desired to facilitate a development project on a parcel that, due to a lease period or other constraint, the property owner is unable to negotiate the voluntary removal of the sign. AUGUST 8, 2023 CITY COMMISSION 58 c. Credit Use in Upgrade Eligibility Zone. Given the size and scale of standard off-premises advertising, credits are encouraged to first be used within the Upgrade Eligibility Zone (i.e., alongside I-96, I- 196, and US-131) for permitted upgrades as detailed in Section 5.15.03.l.g. Credits gained from removing billboards in the TBA, CC, TCC, TOD and MCN-C Zone Districts may be used within the Upgrade Eligibility Zone. d. Credit Use for Repositioning Exchange. The second preferred location for the use of credits is within the City Center and Transitional City Center districts, where the scale and massing of buildings is substantially larger than those found in Traditional Business Areas and Mid-Century Business Districts. The use of credits for the purposes of repositioning shall be applied accordingly: i. Credits gained from billboard removal in the TBA Zone District may be repositioned within the TBA, MCN-C, TOD, TCC, or CC Zone Districts. ii. Credits gained from billboard removal in the TCC or CC Zone Districts may be used within those Zone Districts, but not the TBA. iii. Credits gained from the TBA, MCN-C, TCC, and CC Zone Districts may be used within the MCN-C and TOD Zone Districts. Credits gained from the TOD Zone District may be used within the TOD Zone District. iv. No credits may be used for repositioning from or within the MON-C and SD-IT Zone Districts. These districts are not eligible to be destination Zone Districts or originating Zone Districts. Table 5.15.03.I.2.d.: Repositioning Exchange Districts and Sign Size Destination Zone Maximum Sign Originating Zone District Size Districts TBA 253 sq. ft. TBA CC, TCC Unlimited* CC, TCC, TBA MCN-C 672 sq. ft. CC, TCC, TBA, MCN-C CC, TCC, TBA, MCN- TOD 672 sq. ft. C, TOD *See Super Sign definition in Sec. 5.15.16. v. Credit Conversion. Credits may be converted from a square footage credit into a standard bulletin or poster billboard face sign size to accumulate sign face credits for use in the 59 CITY COMMISSION AUGUST 8, 2023 Upgrade Eligibility Zone. Signs removed within the Upgrade Eligibility Zone may not be converted into a square footage credit for repositioning in the Repositioning Exchange Zone to a designated Mixed-Use Commercial Zone District. e. Existing Credits. All sign-face credits reserved for future use as of the effective date of this Amendment may be used within the Upgrade Eligibility Zone but cannot be converted for use within a designated Mixed-Use Commercial Zone District. 3. Upgrade Eligibility Zone. a. Purpose and Intent. i. The purpose of the Upgrade Eligibility Zone Billboard Exchange is to reduce the overall number of nonconforming off-premises signs, facilitate redevelopment, reduce visual clutter in residential and neighborhood commercial areas, and allow for the modernization of off-premises signage by providing incentives for the voluntary removal of nonconforming off-premises signs. While it is recognized that off-premises signs serve a valuable purpose in the community by providing an advertising venue for local businesses and institutions, as well as a means to promote non-commercial speech, a proliferation of these signs may contribute to a sense of visual clutter and blight. ii. Off-premises signs can deter the redevelopment of a parcel or limit the redevelopment potential of a site due to long lease periods for nonconforming off-premises signs. Accordingly, it is in the best interest of the City to advance the economic welfare of the community by facilitating new investment and land development in accordance with the Master Plan and to remove any potential barriers that may hinder redevelopment opportunities within the city. iii. The regulations in this section identify certain high-traffic volume corridors and locations within the City where continuing existing nonconforming off-premises signs is appropriate. In exchange for the voluntary removal of nonconforming off- premises signs, various physical upgrades may be permitted to existing nonconforming off-premises signs and support structures in the designated Upgrade Eligibility Zone. The Upgrade Eligibility Zone consists of existing off-premises signs and support structures in any Zone District that are oriented so that motorists traveling on I-196, I-96, or US-131 are the intended audience. All off-premises signs and support structures included in the Upgrade Eligibility Zone are listed in AUGUST 8, 2023 CITY COMMISSION 60 the current Upgrade Eligibility Zone Table maintained and kept current by the Planning Department. b. Upgrade Eligibility. Off-premises signs and support structures located in the Upgrade Eligibility Zone may be upgraded if approved in accordance with the requirements of this Section. c. Permitted Upgrades. Eligible off-premises signs may be upgraded, subject to the following requirements. i. Nonconforming rights to sign height are transferrable between an old and new structure on the same site within the Upgrade Zone. ii. Credits may be combined from more than one (1) off-premises sign location to permit a sign upgrade. Credits are transferable among off-premises sign owners. iii. A proposed sign upgrade shall not be permitted in a location that would impede development or redevelopment on the site, as determined by the Director based on the knowledge of approved and proposed projects, building permits, and development trends. iv. The non-conforming signs(s) being removed for credit(s) through this program to be used for upgrades must be removed in its entirety (including all sign faces and support structures) before the permitted upgrade may take place. v. See Table 5.15.03.I.3.c.v. below for a description of how the credits may be used. Removal Table 5.15.03.I.3.c.v. Upgrade Components Credits Required Sign Face Enlargement (from poster size to bulletin 3 size) Additional Poster Sign Face (maximum of two) 2 Additional Bulletin Sign Face (maximum of two) 6 Digital Billboard Face 2 Relocation on Same Lot (subject to Director 2 approval) Height Increase (up to an additional five (5) feet) 2 New Support Structure 3 Other Structure Improvement (as determined by the 2 Director) 61 CITY COMMISSION AUGUST 8, 2023 d. Digital Billboards. Off-premises signs and support structures located in the Upgrade Eligibility Zone may incorporate an Electronic Changeable Copy Sign face as defined in Sec. 5.15.17.E. and Sec. 5.15.17.C., subject to the following requirements: i. Three (3) sign removal credits will be required for any digital billboard which requires a new support structure as outlined in Table 5.15.03.I.2.d. in order to meet current building code requirements to accommodate a digital billboard face. ii. Two (2) sign removal credits will be required to replace a static face with a digital billboard face, except only one (1) sign removal credit will be required if a voluntary public-private partnership agreement is submitted and approved by the City Commission that provides for emergency messaging, public safety initiatives, community outreach opportunities, or other purposes for the benefit of public communications. iii. No more than ten (10) sign faces can be converted to a digital billboard face within the Upgrade Eligibility Zone. Up to four (4) digital billboard faces, with two (2) facing each direction (E/W) may be installed along the I-96/I-196 corridor. Up to six (6) digital billboard faces, with three (3) facing each direction (N/S) may be installed along the US-131 corridor. iv. Upgrades for digital billboards in accordance with this Section shall not be subject to the requirements of Section 5.15.10.C.3.d, Table 5.15.12.B. Electronic Sign, or Table 5.15.13.A. Electronic Sign. v. The sign shall meet the following minimum performance standards: 1) Spacing. Digital billboards must be spaced a minimum of 1,750 feet from any other digital billboard face facing the same direction of oncoming traffic along the same roadway. 2) Residential Impact Mitigation. a) Digital billboards will include incorporate light impact mitigating design technology if within three hundred (300) feet of residential use. b) Digital billboards will not disturb residential uses with shifts in light, message changes, or glare. AUGUST 8, 2023 CITY COMMISSION 62 c) A study shall be prepared to demonstrate the digital billboard’s viewshed for consideration by the Planning Director or Planning Commission, depending on proximity to residential land uses. 3) Lighting. a) To prevent glare, digital billboards shall not operate at a brightness level greater than 0.3 foot candles of ambient light, as may be further limited by this Section or other City Codes. b) Digital billboards shall not display any illumination by flashing, intermittent or moving lights, and will not contain or display animated, moving video or scrolling elements. c) Digital billboards shall have installed ambient light monitors and will at all times allow such monitors to automatically adjust the brightness level of the digital billboard based on ambient light conditions. 4) Message Operations. a) The operation of a digital billboard will not be subject to the requirements of Section 5.15.10. b) Each message shall be displayed for at least eight (8) seconds and a message change shall be accomplished within one (1) second or less. c) A message change must occur simultaneously on the entire digital billboard’s face. d) A default design mechanism is included that freezes the digital billboard in one (1) position if there is a malfunction; contact information shall be provided for an agent responsible for the digital billboard’s operation should a malfunction occur. 4. Repositioning Exchange. a. Grand Rapids’ Mixed-Use Commercial Zone Districts, inclusive of the downtown and surrounding neighborhood business districts, comprise a unique built environment that is denser (concentration of businesses and residents), more intense (building scale and pedestrian/ bicycle/ bus/ vehicular movement), and more active (nightlife and events) than other areas of the city. These Zone Districts experience continuous growth and evolution through the development and 63 CITY COMMISSION AUGUST 8, 2023 redevelopment of new and existing buildings, structures, open spaces, and rights-of-way. Billboards have been located where the greatest number of potential customers can view off- premises advertising, which is in these same districts. It is inevitable, then, that in this dynamic context, off-premises signs are oftentimes positioned in the way of development within these districts. Given that in nearly every case billboards are considered to be non-conforming signs within the City Center (CC), Transitional City Center (TCC), Traditional Business Area (TBA), and Mid-Century Neighborhood Commercial (MCN-C) Zone Districts, there is a strong incentive for off-premises advertisers to resist change and remove a revenue-generating asset for unrelated private investment. To facilitate new development and the redevelopment of properties that are impeded by long-term lease agreements with a leaseholder of an off-premises sign, this Section has been designed to allow for the voluntary repositioning of off- premises signs within specified Zone Districts under certain conditions. b. In the development and execution of this Section, it is recognized that off-premises signage, because of its very nature, has unique characteristics not common to on-premises signage. Michigan case law, Michigan’s Tax Act, and common billboard lease industry language consider all structures, equipment, and materials as “trade fixtures” that are acknowledged as the personal property of an outdoor advertising company. As such, no property rights are bestowed upon a parcel of land for off-premises signage (billboards). Rather, rights to the off-premises signage reside with the owner of the trade fixtures. i. Case Law: In Outdoor Systems Advertising, Inc v Korth, 238 Mich App 664 (1999), the Court held that billboards are trade fixtures and, accordingly, remain a lessee’s personal property as a matter of law. The trade fixture doctrine permits the lessee, upon the termination of the lease, to remove such a fixture from the lessor's real property. There is no unity of title between the owner of the land and the owner of the personal property. Supporting decisions: Michigan Nat'l Bank, Lansing v. Lansing, 96 Mich. App. 551, 555, 293 N.W.2d 626 (1980), aff'd. 414 Mich. 851, 322 N.W.2d 173 (1982); Wentworth v. Process Installations, Inc., 122 Mich.App. 452, 465, 333 N.W.2d 78 (1983); Rite Media, Inc. v. Secretary of Massachusetts Hwy. Dep't, 429 Mass. 814, 712 N.E.2d 60 (1999); State AUGUST 8, 2023 CITY COMMISSION 64 ex rel. Comm'r, Dep't of Transportation v. Teasley, 913 S.W.2d 175 (Tenn.App., 1995); and other cases; ii. Act 206 of the State of Michigan: “A “trade fixture” is property which was acquired by a tenant as detached personal property but which has been attached to leased or rented real property by the tenant and which is capable of being detached again for use elsewhere. The legislature has provided that “All outdoor advertising signs and billboards” will be classified as assessable personal property. Michigan General Property Tax Act 206 of 1893, Section 211.34c.(3)(ii). iii. Standard Industry Lease Language: Typical billboard lease language reads to the effect of: “All structures, equipment, and materials placed upon the said premises by the Lessee are, and shall always, remain trade fixtures belonging to the Lessee that shall be removed by the Lessee at any time prior to or within a reasonable time after the term hereof or any extension thereof.” c. The regulations in this Section identify specified Mixed-Use Commercial Districts within the City where it is appropriate to consider “repositioning” off-premises advertising assets to make way for additional development within downtown’s City Center (CC) and Transitional City Center (TCC) Zone Districts, as well as Traditional Business Areas (TBA) and Mid-Century Neighborhood Commercial (MCN-C); comprising Grand Rapids’ neighborhood commercial districts. For the purposes of this Section, non-conforming off-premises signs are allowed to “float” as personal property/trade fixtures not directly bound by the ownership of a parcel of land but are rather associated by the zone district in which the off-premises sign is located, and a valid lease agreement is in effect or whole ownership of the parcel on which the non-conforming off-premises sign is positioned. As such, the location of these assets can move over time within a district to adjust to changing conditions as the city evolves. d. The square footage credit obtained through the voluntary removal of nonconforming off-premises signs, as provided for in Section 5.15.03.I.2. may be used towards the relocation of off- premises signage subject to the following requirements: i. The Planning Department will verify an inventory of all off- premises signage within each zone district prior to accepting new applications to reposition a non-conforming off-premises sign. 65 CITY COMMISSION AUGUST 8, 2023 ii. The total number of off-premises sign faces in each zone district will not be greater than the number in existence as of the effective date of this Amendment. The number of off- premises signs is hereby capped so as to not increase the extent of non-conforming off-premises signs within any designated zone district. iii. Repositioned off-premises signage square footage credits will be allowed as described in Section 5.15.03.I.2. iv. A signed lease for a repositioned off-premises sign is required prior to the issuance of a sign permit. v. Where located on a wall, there is no maximum sign size except in the TBA, MCN-C, and TOD Zone Districts. If an off-premises wall sign is larger than 672 square feet, it shall be considered a Super Sign. vi. Off-premises signs shall not cover window openings or points of egress. vii. Signs shall not be internally lit or located on or mounted to rooftops, be affixed to balconies or other appurtenances, compromise the historic nature of any building, or be placed in any locations that may present a safety hazard. e. Relocation of non-conforming off-premises signage in accordance with this Section shall not be subject to the requirements of Table 5.15.13.A. Billboard or Off-Premises Sign. f. Given the unique characteristics of the designated Mixed-Use Commercial Areas, including their pedestrian-orientation, mixed uses, and proximity to institutional and educational uses, neighborhood character areas (See Article 4, Section 5.4.02), and the significance of these places to community identity, the City has a significant governmental interest in protecting an area’s aesthetic values and mitigating potential visual blight. The degree of potential impact on these qualities by a repositioned off-premises sign will be dependent upon sign characteristics such as sign dimensions, placement, and type; as well as community context, including historic districts, use mix, proximity to institutional and educational uses, and other factors. The repositioning of off-premises advertising signs will be evaluated by the Planning Director or Planning Commission to evaluate potential negative visual impacts to an area’s aesthetics and the appropriateness of a repositioned sign’s proposed size and location. The following criteria will apply: AUGUST 8, 2023 CITY COMMISSION 66 i. The area, height, placement, and location of the proposed repositioned off-premises sign will not have a negative effect on the pedestrian experience and visual aesthetics of the community greater than the magnitude of other off- premises signs of a similar size, height, placement, and location within the destination zone district. ii. The proposed repositioned sign will not compromise public safety, access, or the observability of people within the public right-of-way, parking lots, parks, or other possible gathering areas. iii. Potential anticipated negative visual aesthetics can be mitigated in a manner appropriate to the context of the zone district, city block, parcel, and wall in and on which the repositioned off-premises sign is proposed to be located. g. To ensure a reasonable nexus between a repositioned off- premises sign that is a Super Sign in the TCC or CC Zone Districts, due to its uncommon nature, mitigation may be necessary to reduce any perceived negative visual effects from more visible signage. As such, an applicant may voluntarily offer to contribute to a fund supporting public art as a method of mitigation. The Downtown Development Authority and the City’s various Corridor Improvement Authorities shall be authorized to establish such a fund for contributions made pursuant to this section for the purposes of the commission, construction, siting, display, and maintenance of art murals and other public art to improve overall visual aesthetics within the zoning district. Supporting resources shall not exceed an amount equal to the greater of: i. An amount, equal to $1 if the new off-premises sign is proposed to be a wall sign or painted sign for each square foot of the proposed new sign, for each year of the term of the sign permit; or ii. An amount equal to the expected cost, as the Planning Department might reasonably determine, for the commission and installation of an art mural of an area equal to 200% of the area of the proposed off-premises sign, as well as the cost of the mural’s maintenance for a period equal to the lease-period of the off-premises sign. 5. Application and Review Procedures.  67 CITY COMMISSION AUGUST 8, 2023 a. Special Land Use. The following are subject to Section 5.12.09. Special Land Use procedures: i. Digital billboards located in the CC Zone District. ii. Digital billboards in all other zone districts, where the intensity of light from the billboard exceeds 0.3 footcandles at the lot line of any residential use. iii. Super Signs. b. Director Review. Except as indicated in Section 5.15.03.5.a. above, sign upgrades may be reviewed pursuant to Section 5.12.16.B. Director Review. The Planning Director has the authority to deny any requests for sign upgrades, repositioning, and/or sign face conversion where said requests are located on a parcel or building that is likely to be substantially altered in the next five (5) years or where the parcel or building would be impeding development or redevelopment in the next ten (10) years. c. In addition to application materials required by Sections 5.12.04. and 5.12.08.D., the following shall be submitted: i. An inventory of billboards to be removed and billboards to be upgraded. The inventory shall include the location, property survey, photos of the structure and all sign faces, the number of sign faces on the structure, height, and any other pertinent information for each billboard to be removed or upgraded. ii. An itemized list of requested physical upgrades for each billboard to be upgraded. iii. For repositioned signs, a signed lease containing the new address, sign size, sign placement, method of attachment, and other pertinent information to provide a clear understanding of the relocated sign. d. Where located within an historic district or on a historic landmark, repositioned off-premises signs shall comply with Chapter 68 Historic Preservation Commission.” Section 4. That Title V, Chapter 61, Section Sec. 5.15.17. Sign Definitions. of the Code of the City of Grand Rapids be amended as follows:  AUGUST 8, 2023 CITY COMMISSION 68 Sec. 5.15.17. - Sign Definitions. “BULLETIN A type of off-premises sign (billboard) that is larger than a poster and typically between 378 sq. ft. (10’6” x 36’) and 672 sq. ft. (14’ x 48’) in area per sign face.” “DIGITAL BILLBOARD A type of off-premises sign (billboard) that incorporates an electronic changeable copy sign face.” “POSTER A type of off-premises sign (billboard) that is typically 253 square feet (11’ x 23’) in area per sign face.” “SUPER SIGN A type of off-premises sign (billboard) that exceeds 672 square feet in area per sign face and is not a freestanding sign.” ADJOURNMENT Commission adjourned at 2:50 PM JOEL H. HONDORP City Clerk