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City Commission - Regular Session

Regular Meeting

Grand Rapids, MI · September 5, 2023

AgendaMinutes

Minutes

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, September 5, 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 Robbins Absent: Commissioner Moody (Excused), Commissioner Perdue (Excused), Commissioner Knight (Excused) The roll was called by the City Clerk. Result: Adopted. Mover: O’Connor. Supporter: Robbins. Yeas: Bliss, O’Connor, Ysasi, Robbins Excused: Nathaniel Moody, Kelsey Perdue, Lisa Knight Motion to excuse Commissioners Knight, Moody and Perdue. APPROVAL OF MINUTES On the motion of Com. Jon O’Connor, supported by Com. Drew Robbins, the reading of the minutes of the Regular Session of August 22, 2023 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92882 Result: Received and Filed. Communication received from Grand Rapids Climate Coalition with feedback on the Community Master Plan. REPORTS OF CITY OFFICERS 92883 Result: Received and Filed. Comptroller’s report for the period of August 9, 2023 through August 22, 2023 in the amount of $166,421,361.39. 92884 Result: Received and Filed. Treasurer’s report for the period of August 4, 2023 through August 22, 2023. 1 SEPTEMBER 5, 2023 CITY COMMISSION 2 CONSENT AGENDA: A. CONSENT AGENDA APPROVAL 92885 Result: Adopted. Mover: O’Connor. Supporter: Robbins. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 92886 Result: Adopted. Mover: O’Connor. Supporter: Robbins. RESOLVED, that the City Commission’s appointment of Michelle Storey to the Stormwater Oversight Commission for the remainder of a three- year term ending January 5, 2026, be approved. C. FISCAL COMMITTEE 92887 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS: 1. The SAFE Task Force has been allocated $100,000 in the FY2024 budget; and 2. There are community organizations and individuals who have valid and exciting ideas on how to make for a violence free community; and RESOLVED: 1. That the Mayor is hereby authorized to execute five contracts of up to $10,000 each to qualified 501(c)(3), in a form to be approved by the City Attorney in support of SAFE Task Force recommendations, in accordance with the criteria established for such contracts, such amounts to be charged to account number 1010-261-1020-8010; and 2. The Comptroller is hereby authorized and directed to issue payments consistent with this resolution. 92888 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS, the City has had a long-standing agreement with HRS for the Low-Income Refuse Collection Program; therefore RESOLVED: 1. That the contract extension between the City of Grand Rapids and Home Repair Services of Kent County Inc. (HRS) for the period of January 1, 2023, through December 31, 2023, is hereby authorized; and 3 CITY COMMISSION SEPTEMBER 5, 2023 2. That the not to exceed amount is $45,021 for the contract period; and 3. That the Mayor is authorized to execute such agreement on behalf of the City in a form approved by the City Attorney. 92889 Result: Adopted. Mover: O’Connor. Supporter: Robbins. RESOLVED: 1. That the City Commission authorizes acceptance of a grant award for Recycling Education targeting Multi-Family households in the amount of $100,000; and 2. That an agreement between the City of Grand Rapids and The Recycling Partnership be approved, and the Mayor is authorized to execute said agreement in a form approved by the City Attorney. 92890 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS: 1. The Michigan Department of Health and Human Service’s Low-Income Homeowner Water Assistance Program (“LIHWAP”) provides critical nationwide emergency support on behalf of low-income households for water payment assistance; and 2. The program was scheduled to operate from December 1, 2021, through September 30, 2023; and 3. The Office of Community Services is offering grant recipients an optional 6- month extension of the LIHWAP program; therefore RESOLVED: 1. That the City Commission authorizes the City of Grand Rapids enter into an 6-month extension agreement with the Michigan Department of Health and Human Services, Kent County Community Action for the Low-Income Homeowner Water Assistance Program (“LIHWAP”), and; 2. The Mayor is authorized to execute the extension agreement on behalf of the City in a form approved by the City Attorney. 92891 Result: Adopted. Mover: O’Connor. Supporter: Robbins. 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 SEPTEMBER 5, 2023 CITY COMMISSION 4 behalf of the City, as follows, in a form to be approved by the City Attorney: 1. McCarthy Color Tech Do It All Painting Rivertown Painting Dave Cole Decorators Extension of existing contracts for general painting and coating services for Citywide use for an additional one-year term with two, one-year renewal options for a total annual “not-to-exceed” amount of $240,000.00 as follows: Vendor Items Annual McCarthy Color Tech All Items $60,000.00 Do It All Painting All Items $60,000.00 River Town Painting All Items $60,000.00 Dave Cole Decorators All Items $60,000.00 2. Safeware Inc. Utilization of a cooperative agreement through MiDEAL contract #180000001151 is recommended for a one-year term contract with one, one-year renewal option for “as needed” orders of various firefighting equipment, supplies, and materials for the Fire Department from Safeware Inc. for the annual not-to-exceed amount of $45,000.000; the estimated three-year total amount is $135,000.00. 3. JND Snowplowing Lavelle’s Lawncare & Snowplowing, LLC One-year term contract for assisted sidewalk snow removal services for the Public Works Department from JND Snowplowing for Wards 1 and 2 - Zone 1 (major streets) for the “not-to-exceed” amount of $198,000.00; and from Lavelle’s Lawncare & Snowplowing, LLC for Ward 3 - Zone 1 (major streets) for the “not-to-exceed” amount of $77,000.00. The annual amounts requested are based on approximately twelve plows per season, plus costs related to any call-back services; should additional services be required due to weather conditions, additional City Commission approval will be sought. 4. EQ Industrial Services Inc. SET Environmental One-year term contracts with two, one-year renewal options for cleanup and disposal of regulated waste materials for Citywide use from EQ Industrial Services Inc. (dba US Ecology) for Sections II, III & IV for an annual “not-to-exceed” amount of $20,000.00 (estimated three-year total amount of $60,000.00); and from SET Environmental for all Sections for an annual “not-to-exceed” amount of $20,000.00 (estimated three-year total amount of $60,000.00). 5 CITY COMMISSION SEPTEMBER 5, 2023 5. TXI Systems, Inc. Contract extension for an additional one-year term with two, one-year renewal options for O.E.M. TOPS licensing and support services for the Police and Impound Lot Departments from TXI Systems, Inc. for the annual not-to-exceed amount of $52,500.00; the estimated three-year total amount is $157,500.00. 6. Objecti Consulting Contract extension for an additional one-year term with two, one-year renewal options for as-needed development services for the Accela platform for various City departments from Objecti Consulting for the annual not-exceed amount of $90,000.00; the estimated three-year total amount is $270,000.00. FURTHER RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors: 7. Ellis Parking One-year term with two, one-year renewal options for the annual rental of fifteen parking spaces for the Fire Department from Ellis Parking for the annual amount of $13,500.00; costs for future annual rentals will be processed at the rates received from Ellis; the estimated three-year total amount at this time is $40,500.00. 8. DLT Solutions Cooperative purchase through the General Services Administration (GSA) Multiple Award Schedule (MAS) #GS-35F-267DA is recommended for a one-year term with two, one-year renewal options for the “as-needed” purchase and renewals of Autodesk product subscriptions for Citywide use from DLT Solutions LLC for the annual not-to-exceed amount of $30,000.00; the estimated three-year total amount is $90,000.00. 9. Gillig, LLC Purchase of two (2) new compressed natural gas (CNG) DASH transit buses for the MobileGR Department from Gillig, LLC for the total amount of $1,525,668.00 ($762,834.00 per vehicle). 10. Bell Equipment Company Cooperative purchase as per the State of Michigan MiDEAL Contract #071B7700091 for the purchase of an Original Equipment Manufacturer (O.E.M) Envirosight Rovver X System mobile sewer camera and accessories for the Water - Sewer Department from Bell Equipment Company for the total amount of $97,618.00. 11. Stertil-Koni Cooperative purchase as per Sourcewell contract #013020-SKI for the purchase of O.E.M. (Original Equipment Manufacturer) Stertil-Koni mobile column lifts for the Fleet Management Department from Stertil-Koni for the amount of $89,777.74. SEPTEMBER 5, 2023 CITY COMMISSION 6 D. COMMUNITY DEVELOPMENT COMMITTEE 92892 Result: Adopted. Mover: O’Connor. Supporter: Robbins. RESOLVED that the request to grant Event One FX, LLC a Fireworks Discharge Permit to be used in conjunction with the All Elite Wrestling Tour event at the Van Andel Arena on September 23, 2023, is approved, pending an inspection by the Fire Department. 92893 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS, the City of Grand Rapids Mobile GR and Parking Services Department is the implementing agency for the regional traffic signal control system which has obtained a Congestion Mitigation and Air Quality grant in the amount of $528,000 and total project cost of $660,000 to support the operations and maintenance of the system; therefore RESOLVED: 1. That an agreement between City of Grand Rapids and the Michigan Department of Transportation in connection with the aforesaid project be approved; and 2. That the Mayor is authorized to execute the aforesaid agreement on behalf of the City of Grand Rapids, after approval as to form by the City Attorney; and 3. That the required local match of $132,000 be paid from the Mobile GR Department FY2024 and FY2025 operating budgets. 92894 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS the City of Grand Rapids Mobile GR Department is the implementing agency for the regional traffic signal control system which has obtained federal grant funds for Phase 18 of the traffic signal optimization project; therefore RESOLVED: 1. That the agreement between the 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 7 CITY COMMISSION SEPTEMBER 5, 2023 3. That expenditures are authorized in an amount not to exceed $60,000 to cover the local match of the project costs; and 4. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the Department Director requests for payment in connection with the aforesaid project from the appropriate Vital Streets Capital Fund for federally reimbursable expenses not to exceed $240,000, and from the Vital Street Capital Fund 4090-519- 9000, Major Program 24025 for local match expense not to exceed $60,000. 92895 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS 1. The City is partnering with Corewell Health for deferred street improvements in connection with: Reconstruction and Water Main Replacement in Leffingwell Avenue from Bradford Street to 1,272 feet south of Leonard Street and Bradford Street from Leffingwell Avenue to East Beltline Avenue (hereinafter referred to as the Project); and Prior zoning approvals (including rezoning through Ordinance No. 93-05 (Proceeding No. 57229) and Ordinance No. 2004-04 (Proceeding No. 72157)), Planning Commission resolution PRDA-2022- 0114 2. It is necessary to approve a Cost Sharing Agreement in connection with the Project. RESOLVED: 1. That the aforesaid Cost Sharing Agreement between the City of Grand Rapids and Corewell Health, be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said Agreement on behalf of the City. 92896 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS: 1. A +/-78-acre Planned Redevelopment District was approved in 1993, intended as a new health care campus; and 2. A number of amendments have been approved over the years in response to changing conditions, and; 3. A Major Amendment is now requested to facilitate the construction of a cardiovascular ambulatory surgery center in lieu of the planned medical office use; and SEPTEMBER 5, 2023 CITY COMMISSION 8 4. The Planning Commission considered the amendment at a public hearing held on January 12, 2023, and unanimously recommended approval of the request; therefore RESOLVED: 1. That in accordance with Title V, Section 10(b) [Compiler’s Paragraph 60(b)] of the Charter of the City of Grand Rapids, that the attached Summary of the Ordinance be published in the official City Commission Proceedings and in a newspaper of general circulation in the City, in lieu of publishing the full text of the Ordinance, and 2. That the amendment be considered for adoption by the City Commission at its meeting of September 19, 2023. AN ORDINANCE TO AMEND MAP 25 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 25 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to facilitate a Major Amendment to a Planned Redevelopment District to construct a cardiovascular ambulatory surgery center at 2984 Bradford Street NW. The property is described as follows: 2984 BRADFORD ST NE (41-14-22-400-057) PART OF SE 1/4 COM 14.0 FT S 89D 37M 34S E ALONG E&W 1/4 LINE FROM NW COR OF NE 1/4 SE 1/4 TH S 0D 11M 40S E PAR WITH E 1/8 LINE 275.54 FT TH N 89D 37M 34S W 14.0 FT TH S 0D 11M 40S E 63.0 FT TH N 89D 37M 34S W 52.75 FT TH S 0D 11M 40S E 104.57 FT TH SELY 265.34 FT ALONG A 435.0 FT RAD CURVE TO LT /LONG CHORD BEARS S 17D 40M 09S E 261.25 FT/ TH S 0D 11M 40S E 179.10 FT TO NLY LINE OF HWY I-96 TH N 66D 52M 20S W ALONG NLY LINE OF SD HWY 647.85 FT TH NWLY 322.13 FT ALONG NLY LINE OF SD HWY ON A 26,570.05 FT RAD CURVE TO RT /LONG CHORD BEARS N 66D 31M 30S W 322.13 FT/ TH N 44D 37M 27S E 82.48 FT TH N 64 D 33M 03S E 162.45 FT TH N 71D 34M 22S E 41.50 FT TH N 85D 10M 53S E 68.33 FT TH N 89D 34M 16S E 124.12 FT TH N 89D 40M 09S E 88.35 FT TH N 0D 22M 40S W 341.39 FT TO E&W 1/4 LINE TH S 89D 37M 36S E ALONG E&W 1/4 LINE 354.36 FT TO BEG * SEC 22 T7N R11W 8.85 A. SPLIT 12/15/2004 FROM 41-14-22-400-046. 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: 9 CITY COMMISSION SEPTEMBER 5, 2023 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. The required parking for the proposed facility is modified to 3 spaces per 1,000 sq. ft. of gross floor area. 5. That transparency shall be reduced consistent with the submitted elevations. 6. That the NOS Zone District shall be assigned for the purposes of sign regulations. 7. That the applicant participate in a cost sharing agreement with the City for infrastructure improvements in the vicinity of the project. 8. That the proposed use will comply with all other applicable City ordinances and policies and all State laws. 9. That this approval shall take effect as required by the City Commission approval in accordance with Section 5.12.12.G. of the Zoning Ordinance. 92897 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS: 1. Grand Rapids Retail Management LLC desires to construct a WellNow Urgent Care Clinic at 1935 Breton Road SE; and 2. Medical clinics are not a permitted use in the NOS (Neighborhood Office Service) Zone District in which it is located; and 3. A conditional rezoning to MCN-C (Mid-20th Century Neighborhood- Commercial) is requested to facilitate the operation of the proposed urgent care use on the site; and 4. The conditional rezoning agreement, voluntarily offered by the applicant, would restrict use of the property to the urgent care use or any other use permitted in the NOS Zone District; and 5. The Planning Commission considered the conditional rezoning request at a public hearing held on August 10, 2023, and unanimously recommended approval of the request; therefore RESOLVED: 1. That the following amendment to Map 45 of Chapter 61 of Title V of the Code of the City of Grand Rapids be published as part of the proceedings; SEPTEMBER 5, 2023 CITY COMMISSION 10 and 2. That the amendment be considered for adoption by the City Commission at its meeting of September 19, 2023. AN ORDINANCE TO AMEND MAP 45 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 1935 Breton Road SE located on Map 45 of Chapter 61 of Title V of the City Code of Grand Rapids be rezoned from SD-NOS (Special District-Neighborhood Office Service) to MCN-C (Mid-20th Century Neighborhood-Commercial) with a Conditional Rezoning Agreement to facilitate the construction of an urgent care medical clinic. The property is described as follows: 1935 Breton Road Se /41-18-04-477-027 Part of the Southeast 1/4 of Section 4, Town 6 North, Range 11 West, described as commencing on the West line of Breton Road at a point 150 feet North of the Northwest corner of Breton Road and Burton Street; thence North 200 feet along the West line of Breton Road parallel with the East line of said Section; thence West 207 feet parallel with the South line of said Section; thence Southerly parallel with the East Section line to a point 150 feet North from the North line of Burton Street; thence East parallel with the South Section line, 207 feet to the point of beginning. 92898 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS: 1. Rezoning the property from the SD-IT (Special Districts–Industrial Transportation) Zone District to the TN-LDR (Traditional Neighborhood– Low Density Residential) Zone District is requested to facilitate future development of the property for residential purposes, and 2. The Planning Commission considered the rezoning request at a public hearing held on August 10, 2023 and unanimously recommended approval of the request; therefore RESOLVED: 1. That in accordance with Title V, Section 10(b) [Compiler’s Paragraph 60(b)] of the Charter of the City of Grand Rapids, that the attached Summary of the Ordinance be published in the official City Commission Proceedings and in a newspaper of general circulation in the City, in lieu of publishing 11 CITY COMMISSION SEPTEMBER 5, 2023 the full text of the Ordinance, and 2. That the attached ordinance amending Map 29 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 September 19, 2023. AN ORDINANCE TO AMEND MAP 29 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 29 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to rezone 1058 Butterworth Street SW from the SD- IT (Special District-Industrial Transportation) Zone District to the TN-LDR (Traditional Neighborhood-Low Density Residential) Zone District. The property is described as follows: 1058 Butterworth Street SW / 41-13-26-456-002 LOT 26 & E 1/2 OF LOT 28* LAMB & TOREN WEST SIDE ADDITION 92899 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS: 1. On June 21, 2022 (Proceeding No. 91810), the City awarded a contract to McGraw Construction, Inc. (McGraw) for the following project: South Elevator Installation at the Government Center Parking Ramp (hereinafter referred to as the “Project”); and 2. It is necessary to increase the scope of work and authorize expenditures for the aforesaid contract; therefore RESOLVED: 1. That the project contingency be increased at a cost of $100,000 with total expenditures not to exceed $1,552,910 which includes contingencies and previously authorized fees. Said amount of $1,552,910 to be charged to Code No. 5141-523-9000-9880-514122058G. 2. That the City Engineer or his designee is hereby authorized to execute the necessary change order to the aforesaid contract with McGraw. 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. SEPTEMBER 5, 2023 CITY COMMISSION 12 92900 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS: 1. On June 21, 2022 (Proceeding No. 91805), the City awarded a contract to McGraw Construction, Inc. (McGraw) for the following project: Structural Repairs at LaGrave Fire Station (hereinafter referred to as the “Project”); and 2. It is necessary to increase the scope of work and authorize expenditures for the aforesaid contract; therefore RESOLVED: 1. That the scope of work for the contract with McGraw, be increased at a cost of $21,560 with total expenditures not to exceed $473,430 which includes the costs of the construction contract, contingencies, and previously authorized fees. Said amount of $473,430 to be charged to Code No. 4010-265-9000-9750-401022010. 2. That the City Engineer or his designee is hereby authorized to execute the necessary change order to the aforesaid contract with McGraw. 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. 92901 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS, it is necessary to approve a Construction Agreement and an Encroachment Agreement for the construction of public improvements in connection with Improvements in Jefferson Avenue from 150' North of Wealthy Street to 200' South of Cherry Street (Trinity Health Street Improvements); therefore RESOLVED: 1. That the aforesaid Construction Agreement and Encroachment Agreement between the City of Grand Rapids and Trinity Health – Michigan, dba Trinity Health Grand Rapids be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said Agreements on behalf of the City; and 2. That the City Clerk is hereby authorized and directed to record the aforesaid Encroachment Agreement with the Kent County Register of Deeds. 13 CITY COMMISSION SEPTEMBER 5, 2023 92902 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS, it is necessary to approve a Construction Agreement and accept a Public Utilities Easement for the construction of public sanitary sewer and water main facilities in connection with Sanitary Sewer and Water Main in Public Easement (NW) Meadow Ridge Drive (Pvt.) and Meadow Springs Drive (Pvt.) (Meadow Springs RPUD - Phase 3); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids, the City of Walker and Dave Visser Builder, LLC (Developer) be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said Agreement on behalf of the City; and 2. That the City accept a Public Utilities Easement for the construction and maintenance of public utilities from the following property owner, with description of the aforesaid Easement and for the nominal considerations as noted, which were paid by the Developer: Dave Visser Builder, LLC $1.00 3919 Remembrance Road NW Walker, Michigan 49534 2600 Kinney Ave NW, Parcel No. 41-13-08-100-059 Total of Easement Area: 60,700.94 Square Feet 3. That the City Clerk is hereby authorized and directed to record the aforesaid Easement with the Kent County Register of Deeds. 92903 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS: 1. The City Commission previously approved the Brownfield Plan (the "Plan") of the City of Grand Rapids Brownfield Redevelopment Authority (the "Authority") December 22, 1998, pursuant to the Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of 1996, as amended, MCL 125.2651 et seq; and 2. The Authority has pursuant to Act 381 approved and recommended an amendment of the Plan for the RiverNorth Redevelopment Project (the "Project") identified therein (the "Amendment"); and 3. Before considering approval of the Amendment the City Commission must hold a public hearing in accordance with Act 381; therefore SEPTEMBER 5, 2023 CITY COMMISSION 14 RESOLVED: 1. That a public hearing be held to consider the Amendment to the Plan of the Authority; and 2. That the public hearing be held on Tuesday, October 10, 2023, at 2:00 p.m., in the City Commission Chambers on the 9th Floor of the City Hall, 300 Monroe Avenue, N.W., in the City; and 3. That the City Clerk give or cause to be given public notice of the hearing in accordance with Act 381; and 4. That, in accordance with the provisions of Act 381, the City Clerk give or cause to be given notice of the public hearing to each of the taxing jurisdictions that levy taxes on property included in the Project subject to capture under Act 381; and 5. That a copy of the Amendment be held in the Economic Development Office of the City located on the 9th Floor of City Hall, 300 Monroe Avenue, N.W., in the City for public examination and inspection; and 6. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. 92904 Result: Adopted. Mover: O’Connor. Supporter: Robbins. RESOLVED: 1. That a public hearing be held on Tuesday, October 10, 2023, at 2:00 p.m., in the City Commission Chambers, on the 9th Floor of City Hall, 300 Monroe Avenue NW, in the City of Grand Rapids, to consider the designation of the 1340 Monroe Avenue NW Neighborhood Enterprise Zone as a Neighborhood Enterprise Zone to be located at the property identified as 1340 Monroe Avenue NW (PPN 41-13-13-477-016); and 2. That the City Clerk shall give written notice to the Assessor and to the governing body of each taxing unit that levies ad valorem property taxes in the proposed Neighborhood Enterprise Zone and shall publish a notice of the public hearing in The Grand Rapids Press. 92905 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS: 1. The City Commission previously approved the Brownfield Plan (the "Plan") of the City of Grand Rapids Brownfield Redevelopment Authority (the "Authority") December 22, 1998, pursuant to the Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of 1996, as amended, MCL 125.2651 et seq; and 15 CITY COMMISSION SEPTEMBER 5, 2023 2. The Authority has pursuant to Act 381 approved and recommended a Transformational Brownfield Plan for the Factory Yards Redevelopment Project (the "Project") identified therein (the "TBP"); and 3. Before considering approval of the TBP the City Commission must hold a public hearing in accordance with Act 381; therefore RESOLVED: 1. That a public hearing be held to consider the Amendment to the Plan of the Authority; and 2. The public hearing will be held on Tuesday, September 19, 2023, at The Goei Center, 818 Butterworth Street SW, Grand Rapids, MI 49504. The meeting is called to order at 5:30 p.m. and public hearings will begin at 7:00 p.m. or soon thereafter. 3. That the City Clerk give or cause to be given public notice of the hearing in accordance with Act 381; and 4. That, in accordance with the provisions of Act 381, the City Clerk give or cause to be given notice of the public hearing to each of the taxing jurisdictions that levy taxes on property included in the Project subject to capture under Act 381; and 5. That a copy of the TBP be held in the Economic Development Office of the City located on the 9th Floor of City Hall, 300 Monroe Avenue, N.W., in the City for public examination and inspection; and 6. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. 92906 Result: Adopted. Mover: O’Connor. Supporter: Robbins. RESOLVED: 1. That a public hearing be held on Tuesday, September 19, 2023, at The Goei Center, 818 Butterworth Street SW, in the City of Grand Rapids, MI 49504. The meeting is called to order at 5:30 p.m. and public hearings will begin at 7:00 p.m. or soon thereafter to consider the request of 655 Godfrey, LLC to establish an Obsolete Property Rehabilitation District for property located at 655 Godfrey Avenue SW, as permitted by PA 146 of 2000, for which the application describing the district remains on file for inspection by the public in the Economic Development Department; and 2. That written notice be mailed to property owners within the proposed district and that the City Clerk shall publish said notice. SEPTEMBER 5, 2023 CITY COMMISSION 16 92907 Result: Adopted. Mover: O’Connor. Supporter: Robbins. RESOLVED: 1. That the application of 655 Godfrey, LLC for an Obsolete Property Rehabilitation Exemption Certificate for property located at 655 Godfrey Avenue SW, pursuant to PA 146 of 2000, shall remain on file for inspection by the public in the Economic Development Department; and 2. That a public hearing be held on Tuesday, September 19, 2023, at The Goei Center, 818 Butterworth Street SW, in the City of Grand Rapids, MI 49504. The meeting is called to order at 5:30 p.m. and public hearings will begin at 7:00 p.m. or soon thereafter to approve an Obsolete Property Rehabilitation Exemption Certificate for property located at 655 Godfrey Avenue SW, pursuant to PA 146 of 2000, at which time and place the City Commission shall afford the applicant, the City Assessor, and a representative of each of the taxing units an opportunity to be heard; and 3. That the City Clerk shall notify in writing the City Assessor and the legislative body of each taxing unit which levies ad valorem property taxes in the City of the receipt of the application and the date, time, and location at which the City Commission shall afford the applicant, the Assessor, and a representative of each affected taxing unit an opportunity for a hearing. 92908 Result: Adopted. Mover: O’Connor. Supporter: Robbins. RESOLVED: 1. That City Commission Proceeding No. 92829 of August 8, 2023 is hereby rescinded; 2. 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 7:00 p.m. at the Goei Center located at 818 Butterworth Avenue, SW; and 3. That the draft Federal Fiscal Year 2022 Consolidated Annual Performance 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 4. That the City Clerk is directed to publish notice of said public hearing. 17 CITY COMMISSION SEPTEMBER 5, 2023 E. COMMITTEE OF THE WHOLE 92909 Result: Adopted. Mover: O’Connor. Supporter: Robbins. WHEREAS: 1. The amendments would remove Article 2 - Dogs from Chapter 155 and rename Chapter 155 in response to Kent County’s recent adoption of an animal control ordinance; and 2. Amendments are proposed to ensure a legal approval process for the keeping of backyard chickens; and 3. The amendments would implement recommendation of the Urban Agriculture Committee to streamline the backyard chicken approval process and establish a permitting process for the keeping of bees; therefore RESOLVED: 1. That the attached ordinance amending Chapter 155 of Title IX of the Code of the City of Grand Rapids be published as part of the proceedings; and 2. That pursuant to Section 10(b) of Title V of the Charter of the City of Grand Rapids, in lieu of publication of the full text, the attached summary is adequate to describe the ordinance and the City Clerk shall publish said summary in a newspaper of general circulation in the City; and 3. That a public hearing be held before the Grand Rapids City Commission to accept public comment relating to the proposed ordinance changes on Tuesday, September 19, 2023, at the Goei Center, 818 Butterworth SW, Grand Rapids, MI 49504 . The meeting will be called to order at 5:30 p.m. and public hearings will begin at 7:00 p.m. or soon thereafter. 4. That the ordinance shall be considered for adoption on October 10, 2023. AN ORDINANCE TO AMEND CHAPTER 155 OF TITLE IX OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ANIMALS” ORDINANCE NO. 2023 - ____ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Chapter 155 of Title IX of the Code of the City of Grand Rapids be renamed “Urban Agriculture.” Section 2. That Chapter 155 of Title IX of the Code of the City of Grand Rapids be amended in its entirety to read as follows: “ARTICLE 1. - GENERAL PROVISIONS Sec. 9.191. – Definitions and General Requirements. SEPTEMBER 5, 2023 CITY COMMISSION 18 (1) Domestic Animals. For purposes of this Chapter, "domestic animal" or "domestic animals" shall mean any animal that is not likely to bite without provocation and/or is not likely to cause death, maiming or illness of a human, including but not limited to the following: bird (caged), cat (domestic), chinchilla, ferret, dog (domestic), fish, lizard (non-venomous), snake (non-venomous), spider (non-venomous or non-poisonous). (2) Farm Animals. For purposes of this Chapter, the term "farm animal" or "farm animals" shall mean bees that are kept, harbored or raised, or any horse, swine, cattle, sheep, goat, llama, chicken, goose, duck or turkey. The term "farm animal" or "farm animals" shall also mean any other animal raised for commercial profit or slaughter and shall include more than two breeder rabbits. a. No farm animal shall be kept or allowed to be kept within any dwelling or dwelling unit. b. Except for bees and chickens as provided below, no farm animal shall be kept or allowed to be kept within one hundred (100) feet of any dwelling or dwelling unit. c. Except for bees, no farm animal shall be kept or allowed to be kept within one hundred (100) feet of any well, spring or stream. d. Except for bees, no farm animal shall be kept or allowed to be kept within fifty (50) feet of any stormwater catch basin which is located on private property. For purposes of this Section, stormwater catch basins located within a public or private street shall not be counted. (3) Wild Animals. Any animal that is not a domestic animal or farm animal, as defined by this Article, is a wild animal, and shall not be kept or allowed on any property in the City of Grand Rapids. (4) Care and Keeping of Animals. If an occupant or owner keeps or allows animals within a dwelling, in a yard, in a structure, or upon a property, the occupant or owner shall remove any odorous or unsanitary condition. The property owner shall be responsible for the repair of any damage to the dwelling, structure or yard caused by the animals and shall be responsible for any unsafe condition. (5) Exemption for John Ball Zoo. The requirements of this Chapter shall not apply to the John Ball Zoo. Sec. 9.192. - Cruelty to Animals. (1) No person shall cruelly treat or abuse any animal or bird. (2) No person shall beat, kick, hit, bite, burn or in any other manner cause an animal to suffer needlessly. (3) No person shall cause abusive injury to an animal. (4) No person shall tease or entice a dog or other animal. 19 CITY COMMISSION SEPTEMBER 5, 2023 (5) No person shall give an animal any alcoholic beverage unless prescribed by a veterinarian. Sec. 9.193. - Poisoning Animals. No person shall throw or deposit any poisonous substance on any exposed public or private place where it endangers, or is likely to endanger, any animal or bird. Sec. 9.194. – 9.200. - Reserved. ARTICLE 2. - BEES Sec. 9.201. - Where Kept. No person shall keep, harbor or raise any bees in or upon any premises within the City unless in a hive or box located and kept: (1) More than twenty-five (25) feet from any residence, hospital, sanitarium, school, church, office building, store, hotel, apartment house, rooming house or any place of habitation, and (2) Not less than five (5) feet from the edge of his or her own lot or property line and at least ten (10) feet from a public sidewalk where present, and (3) Located only in the “rear yard” of the property, as that term is defined in Chapter 61 of this Code, known as the Zoning Ordinance and a minimum of twenty-five (25) feet from a front property line. The Planning Director may permit an alternate placement where a rear yard does not exist due to existing building placement or for properties that do not have a rear yard, providing that there are no detrimental effects on adjacent properties. (4) Hives or Boxes – The maximum number of hives per lot shall be as follows: a. Two (2) hives for a lot that is not greater than 11,000 square feet in area, and b. Four (4) hives for a lot greater than 11,000 square feet but not greater than 22,000 square feet in area, and c. Each hive or box shall have a maximum size of twenty (20) cubic feet. Sec. 9.202. - Flight Path. A flyway barrier of six feet in height shall be installed to shield any part of a property line that is within twenty-five feet of a hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the property line to be shielded. Sec. 9.203. - Bee Permits. Any person wanting to keep bees within the City shall first apply for and obtain a permit from the City Manager or his/her designee before that person can legally keep bees within the City. Regulations pertaining to permits shall be as follows: SEPTEMBER 5, 2023 CITY COMMISSION 20 a. Any person applying for a permit to keep bees within the City shall submit a permit application on a form promulgated by the City Manager or his/her designee, and shall pay an application fee established by resolution of the City Commission. b. If the applicant is not the owner of the real property on which he or she wants to keep bees, the applicant must provide the written consent of the owner of the real property. Without such written consent, the permit application may not be granted. c. An initial permit shall be valid for a period of three (3) years. If, in the judgment of the City Manager or his/her designee, the permittee has abided by all ordinance provisions and permit conditions, and has not created a nuisance to the owners or occupants of adjacent properties or the neighborhood, the permit may be renewed for an additional three (3) year period. However, no permit issued pursuant to this ordinance shall remain valid past the date on which this ordinance either expires or is repealed, whichever is earlier. Sec. 9.204. - Violation to be a Municipal Civil Infraction. (1) No person shall keep bees or allow bees to be kept on real property under his or her control, unless a permit to keep bees is first obtained from the City in the manner provided for herein. (2) A violation of this Article shall be a municipal civil infraction, punishable by a fine as established in Chapter 170 of this Code. Sec. 9.205. - Applicability of the Property Maintenance Code. A violation of this Article shall be subject to all of the enforcement mechanisms and provisions set forth in the Property Maintenance Code. However, so long as this Article shall remain in effect, its provisions regarding the keeping of bees shall supersede any conflicting provisions regarding the keeping of bees that may be set forth in local amendments to the Property Maintenance Code. Sec. 9.206. – 9.211. - Reserved. ARTICLE 3. - BACKYARD CHICKENS Sec. 9.212. - Purpose and Findings. The City having successfully permitted the keeping of backyard chickens as part of a two (2) year pilot program without significant complaints or administrative difficulty hereby permits the keeping of backyard chickens subject to this Chapter. Sec. 9.213. - Chickens. (1) Chickens may be kept in the City with a valid Chicken Permit subject to the following conditions: 21 CITY COMMISSION SEPTEMBER 5, 2023 (2) Chickens may only be kept on a lot containing a single-family or two- family dwelling. No person shall allow chickens to be kept on a lot containing a multi-family dwelling. (3) Chickens may only be kept on a lot which is at least 3,800 square feet in size. (4) Chickens may only be kept by an occupant of a dwelling unit located on the real property on which the chickens are kept. (5) Chickens must be kept in and confined in a properly designed and constructed coop or chicken house, or a fenced and covered enclosure, which may be located only in the "rear yard" of the property, as that term is defined in Chapter 61 of this Code, known as the Zoning Ordinance. The Planning Director may permit an alternate placement where a rear yard does not exist due to existing building placement or for properties that do not have a rear yard, providing that there are no detrimental effects on adjacent properties. (6) Each fenced and covered enclosure shall be designed with adequate yard space for each chicken, and the coop or chicken house and the fenced and covered enclosure combined shall not cover more than 50% of the rear yard. Enclosures must be clean and resistant to predators and rodents. (7) Each fenced and covered enclosure shall be located at least ten (10) feet from any lot line. (8) No person shall keep or allow to be kept more than four (4) chickens on a lot which is less than 5,000 square feet in size. (9) No person shall keep or allow to be kept more than six (6) chickens on a lot which is 5,000 square feet or greater in size. (10) Chicken feed must be in rodent resistant and weatherproof containers. (11) Chickens may not be butchered, slaughtered, or otherwise killed, for any reason or any purpose, on any real property on which chickens may be kept pursuant to this ordinance. (12) The person keeping the chickens shall abide by all health and safety standards of the City's Property Maintenance Code. (13) Roosters are expressly prohibited, regardless of the age or maturity of the bird. Sec. 9.214. - Chicken Permits. Any person wanting to keep chickens within the City shall first apply for and obtain a permit from the City Manager or his/her designee, before that person may legally keep chickens within the City. Regulations pertaining to permits shall be as follows: (1) Any person applying for a permit to keep chickens within the City shall submit a permit application on a form promulgated by the City Manager or his/her designee and shall pay an application fee established by resolution of the City Commission. SEPTEMBER 5, 2023 CITY COMMISSION 22 (2) If the applicant is not the owner of the real property on which he or she wants to keep chickens, the applicant must provide the written consent of the owner of the real property. Without such written consent, the permit application may not be granted. (3) The City Manager or his/her designee shall review the permit application in light of the following factors: a. The number of chickens the applicant desires to keep; b. The size of the lot on which chickens are proposed to be kept; c. The adequacy of the applicant's plans for housing and confining the chickens; and d. Other factors relevant to the applicant's particular circumstances. (4) If the City Manager or his/her designee grants the request for the permit, he/she shall do so in writing, which writing shall state the property address at which chickens may be kept, as well as the number of chickens allowed to be kept, and any other conditions of the permit to keep chickens. (5) If the City Manager or his/her designee denies the request for the permit, he/she shall do so in writing, which writing shall state the reasons for such denial. (6) If the City Manager or his/her designee denies the request for the permit, the provisions of City Code Section 7.16 regarding appeals from license and permit denials shall apply. (7) An initial permit shall be valid for a period of three (3) years. If, in the judgment of the City Manager or his/her designee, the permittee has abided by all ordinance provisions and permit conditions and has not created a nuisance to the owners or occupants of adjacent properties or the neighborhood, the permit may be renewed for an additional three (3) year period. However, no permit issued pursuant to this ordinance shall remain valid past the date on which this ordinance either expires or is repealed, whichever is earlier. (8) Any permit may be suspended or revoked by the City Manager or his/her designee, by written notice to the permit holder, upon a finding that the permittee has violated applicable City ordinance provisions or permit conditions. (9) If the City Manager or his/her designee suspends or revokes a permit, the provisions of City Code Section 7.14 regarding suspension and revocation of permits and licenses shall apply. (10) A permit as described above is personal to the applicant. Such a permit may not be transferred to another individual. If ownership of the underlying real property on which the chickens are kept is transferred, the permit does not run with the land, and a person desiring to keep chickens on the property must apply for a new permit. Sec. 9.215. - Violation to be a Municipal Civil Infraction. 23 CITY COMMISSION SEPTEMBER 5, 2023 (1) No person shall keep a chicken or allow a chicken to be kept on real property under his or her control, unless a permit to keep chickens is first obtained from the City in the manner provided for herein. (2) A violation of this Article shall be a municipal civil infraction, punishable by a fine as established in Chapter 170 of this Code. Sec. 9.216. - Applicability of the Property Maintenance Code. A violation of this Article shall be subject to all of the enforcement mechanisms and provisions set forth in the Property Maintenance Code. However, so long as this Article shall remain in effect, its provisions regarding the keeping of chickens shall supersede any conflicting provisions regarding the keeping of chickens that may be set forth in local amendments to the Property Maintenance Code. ARTICLE 4. – Reserved. Sec. 9.217 – 9.230. - Reserved.” 92910 Result: Adopted. Mover: O’Connor. Supporter: Robbins. RESOLVED: 1. That the attached ordinance to amend Section 9.63 of Article 5 of Chapter 151, “Nuisances”, of Title IX of the Code of the City of Grand Rapids be published as part of the proceedings; and 2. That pursuant to Section 10(a) of Title V of the Charter of the City of Grand Rapids, the City Clerk shall publish the full text of said ordinance in a newspaper of general circulation in the City; and 3. That a public hearing be held on Tuesday, September 19, 2023, before the Grand Rapids City Commission at the Goei Center, 818 Butterworth Street SW, Grand Rapids, MI 49504 to accept public comment relating to the proposed ordinance. The meeting will be called to order at 5:30 p.m. and public hearings will begin at 7:00 p.m. or shortly thereafter; and 4. That the ordinance shall be considered for adoption on October 10, 2023. AN ORDINANCE AMENDING SECTION 9.63 OF ARTICLE 5 OF CHAPTER 151 “NUISANCES”, TITLE IX OF THE GRAND RAPIDS CITY CODE. ORDINANCE NO. 2023-_____ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 9.63 of Article 5 of Chapter 151 “Nuisances”, Title IX of the Code of the City of Grand Rapids be amended to include subsection (11) as follows: “Sec. 9.63 – Prohibited Noise SEPTEMBER 5, 2023 CITY COMMISSION 24 No person shall: (1) Make, cause to be made, or allow the making of any sound, by any means, that creates a noise disturbance. Non-commercial public speaking and public assembly activities conducted on any public property or public right- of-way are exempted from operation of this subsection. (2) Between 10:00 p.m. and 7:00 a.m., operate or play any radio, television, electronic audio equipment, drum, musical instrument, or device creating amplified sound such that the sound emanating therefrom can be heard across a property line of property devoted to residential uses. (3) Allow real property under one’s possession or control to be used for a residential disturbance. (4) Operate any device creating amplified sound on any public property or public right-of-way that is louder than average conversational level at a distance of one hundred (100) feet or more, measured vertically or horizontally, from the source. (5) Operate or use any pile driver, shovel, hammer, derrick, hoist, tractor, roller, or any other mechanical apparatus in building or construction operations between 10:00 p.m. and 7:00 a.m., except for work on essential services, within six hundred (600) feet of a residence or hospital. (6) Activate, cause, or suffer to be activated any horn or audible signal device on any motor vehicle of any kind except as a warning of danger or peril as provided in Chapter 181 of Title X of this Code. (7) Operate or allow to be operated any motor of a motor vehicle which weighs more than five (5) tons (ten thousand (10,000) pounds) for a consecutive period of longer than two (2) minutes while such vehicle is in a stationary location on private property located within one hundred fifty (150) feet of property devoted to residential uses. Except the provisions of this subsection shall not apply: (a) When the vehicle or motor is being used for normal productive work. (b) When the vehicle or motor is being used by a public utility, municipal department, commission, or other governmental agency to provide essential services. (c) To buses operated for the transportation of passengers while standing in established bus turnarounds, terminals, or storage yards. (d) To any vehicle standing within a completely enclosed structure. (8) Operate or use, between 10:00 p.m. and 7:00 a.m., any motorized lawnmower or other lawn, landscaping, or yard maintenance equipment or domestic power tools. (9) Between 10:00 p.m. and 7:00 a.m., yell, cry, call, shout, whistle, or sing upon a public way, or in such proximity to a public way, as to be distinctly and loudly audible upon such public way. (10) Alter, modify, or change any exhaust muffler, intake muffler, or other equipment designed to abate noise on any motor equipment unless such 25 CITY COMMISSION SEPTEMBER 5, 2023 alteration, modification, or change shall reduce the noise emitted by such equipment. Nothing in this Section shall be interpreted to prohibit the replacement of worn noise abatement equipment certified as meeting or exceeding specifications of the manufacturer’s original equipment. (11) Own any dog which by loud or frequent or habitual barking, yelping or howling, shall cause annoyance to the people in the neighborhood.” 92911 Result: Adopted. Mover: O’Connor. Supporter: Robbins. RESOLVED: 1. That the attached ordinance to amend Section 9.857.155 of Chapter 170 of Title IX of the Code of the City of Grand Rapids be published as part of the proceedings; and 2. That pursuant to Section 10(a) of Title V of the Charter of the City of Grand Rapids, the City Clerk shall publish the full text of said ordinance in a newspaper of general circulation in the City; and 3. That a public hearing be held on September 19, 2023 before the Grand Rapids City Commission at The Goei Center, located at 818 Butterworth Street SW, to accept public comment relating to the proposed ordinance; and 4. That the ordinance shall be considered for adoption on October 10, 2023. AN ORDINANCE AMENDING SECTION 9.857.155. OF CHAPTER 170 “MUNICIPAL CIVIL INFRACTIONS”, TITLE IX OF THE GRAND RAPIDS CITY CODE. ORDINANCE NO. 2023-_____ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 9.857.155. – Animals of Chapter 170 “Municipal Civil Infractions”, Title IX of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 9.857.155. – Urban Agriculture. SEPTEMBER 5, 2023 CITY COMMISSION 26 Code Code Municipal Civil Initial First Second Period for Chapter Section Infraction Offense Repeat Repeat and Repeat Offense Subsequent Offense Offense (Note 1) 155 9.201.— Keeping bees $50.00 $100.00 $200.00 NA 9.205. without a permit, in violation of the permit issued, or in violation of the Bees Ordinance requirements. 155 9.212.— Keeping $50.00 $100.00 $200.00 NA 9.216. backyard chickens without a permit, in violation of the permit issued, or in violation of the Backyard Chicken Ordinance requirements. Note 1: "NA" means there is no time period after which a repeat offense is considered an initial offense.” DOCUMENTS FILED 92912 Result: Received and Filed. City of Grand Rapids Neighborhood Match Fund Agreement submitted for the public record. ADJOURNMENT Commission adjourned at 2:33 PM JOEL H. HONDORP City Clerk

Agenda

CITY OF GRAND RAPIDS CITY COMMISSION MEETING TUESDAY, SEPTEMBER 5, 2023 2:00 PM Welcome to the Grand Rapids City Commission Meeting. This session is the final process in the consideration of the items listed on the following agenda. All of these agenda items have been thoroughly reviewed and discussed in the various Standing Committees of the City Commission which meet on Tuesday morning. To view supporting documents for agenda items, please visit: www.grandrapidsmi.gov/commission Persons who need reasonable accommodation to participate, are asked to contact the City Clerk’s Office at 616-456-3010 or cityclerk@grcity.us. Expected Meeting Procedures 1. Depending on the meeting there can be multiple opportunities for public comment. -The First is limited to items on the Commission’s agenda that are slated to be voted on -The Second is for specially scheduled required public hearings -The Third is for any issue you would like to bring to the attention of the Commission 2. You may only speak once on each issue. 3. All comments are to be limited to 3 minutes. 4. City Commission meetings are to be a safe place for everyone involved, as such: -No clapping, cheering, or holding up of signs -Please refrain from swearing, name calling and/or making derogatory comments directed toward a person’s race, religion, nation of origin, etc. 5. Do not request or expect comment from the Commission. 6. Please turn OFF cellular phones. I. CALL TO ORDER II. MOMENT OF SILENCE III. PLEDGE OF ALLEGIANCE IV. ROLL CALL V. PUBLIC COMMENTS ON AGENDA ITEMS - Prior to consideration of the official business, citizens may speak to subjects on today's agenda which are slated to be voted on. The items to be addressed during this time are located in the highlighted section headings. (Please limit comments to 3 minutes.) 1. Public Comments on Agenda Items VI. APPROVAL OF MINUTES 1. City Commission - Regular Session - Aug 22, 2023 7:00 PM VII. PETITIONS AND COMMUNICATIONS - Communications addressed to the City Commission are distributed to all members and are acknowledged for information, or are referred to a committee or staff for follow up. 1. Communication received from Grand Rapids Climate Coalition with feedback on the Community Master Plan VIII. REPORTS OF CITY OFFICERS - The City Manager, City Attorney, City Clerk, City Treasurer, and City Comptroller may submit reports or information directly to the City Commission for consideration. 1. Warrant 08/9/2023 thru 08/22/2023 2. Treasurer’s Report for Period of August 4, 2023 through August 22, 2023 IX. CONSENT AGENDA AND REPORTS OF STANDING COMMITTEES: A. COMMITTEE ON APPOINTMENTS The Committee considers and makes recommendations on appointments to the City's various boards and commissions. 1. Resolution approving City Commission's appointment of Michelle Storey to the Stormwater Oversight Commission B. FISCAL COMMITTEE The Committee considers and makes recommendations on matters referring to bids, claims, and other financial matters of the City . 1. Resolution authorizing $50,000 in support of the recommendations of the SAFE Task Force through a Pitch and Highlight Night 2. Resolution authorizing a contract extension with Home Repair Services of Kent County for the Low-Income Refuse Collection Program in the amount of $45,021 3. Resolution accepting a grant award from The Recycling Partnership and the Michigan Department of Environment, Great Lakes and Energy (EGLE) in the amount of $100,000 4. Resolution authorizing the City of Grand Rapids to enter into an agreement extension with the Michigan Department of Health and Human Services (MDHHS) and Kent County Community Action Agency (KCCA) to continue participation in and accepting funding for the Low-Income Household Water Assistance Program (LIHWAP) 5. Bid List Resolution for September 5, 2023 C. COMMUNITY DEVELOPMENT COMMITTEE The Committee considers and makes recommendations on matters concerning public service, public improvements, streets, traffic and public buildings. 1. Resolution approving a Fireworks Discharge Permit for Event One FX, LLC for an indoor special effects at the Van Andel Arena in connection with the ALL ELITE WRESTLING TOUR 2023 event on September 23, 2023 2. Resolution approving an agreement with the Michigan Department of Transportation for a Congestion Mitigation and Air Quality grant for the Traffic Management Operations Center with a total cost of $660,000. 3. Resolution approving an agreement between the City of Grand Rapids and the Michigan Department of Transportation and authorizing expenditure of $300,000 in connection with the Metropolitan Traffic Signal Optimization project 4. Resolution approving a cost sharing agreement with Corewell Health for Reconstruction and Water Main in Leffingwell Ave from Bradford St. to 1,272 feet south of Leonard St. and Bradford St. from Leffingwell Ave. to East Beltline Ave. in the amount not-to-exceed $3,850,000 with local share of costs not-to-exceed $450,000 5. Resolution setting September 19, 2023 as the date to consider a Major Amendment to a Planned Redevelopment District at 2984 Bradford Street NE 6. Resolution setting September 19, 2023 as the date to consider a conditional rezoning agreement to facilitate the construction and operation of an urgent care clinic at 1935 Breton Road SE 7. Resolution setting September 19, 2023 as the date to consider rezoning 1058 Butterworth Street SW to the TN-LDR (Traditional Neighborhood-Low Density Residential) Zone District 8. Resolution approving an increase of $100,000 for South Elevator at the Government Center Ramp for a total not-to-exceed $1,552,910 9. Resolution approving an increase of $24,100 for Structural Improvements to LaGrave Fire Station for a total not-to-exceed $473,430 10. Resolution approving a Construction Agreement in the amount of $45,000 and an Encroachment Agreement for Trinity Health Street Improvements in Jefferson Avenue 11. Resolution approving a Construction Agreement and accepting a Public Utilities Easement for Meadow Springs RPUD - Phase 3 12. Resolution scheduling a public hearing for October 10, 2023, to consider a Brownfield Plan Amendment for the RiverNorth Project at 1340 Monroe Avenue NW 13. Resolution scheduling a public hearing for October 10, 2023, to consider the establishment of a Neighborhood Enterprise Zone for the RiverNorth project located at 1340 Monroe Avenue NW 14. Resolution scheduling a public hearing for September 19, 2023, to consider a Brownfield Plan Amendment for the Factory Yards Transformational Brownfield Project at 565, 573, 640, 655, 835, and 943 Godfrey Avenue SW, 700 Martin Luther King Jr. Street SE, and 615, 620, and 644 Chestnut Street SW 15. Resolution scheduling a public hearing for September 19, 2023 to consider an Obsolete Property Rehabilitation District, pursuant to PA 146 of 2000, 655 Godfrey, LLC at 655 Godfrey Avenue SW 16. Resolution scheduling a public hearing for September 19, 2023 to consider an application for a twelve-year Obsolete Property Rehabilitation Exemption Certificate, pursuant to PA 146 of 2000, for 655 Godfrey, LLC at 655 Godfrey Avenue SW 17. Resolution rescinding and replacing Proceeding No. 92829 to change the location of the September 19, 2023, public hearing for the Federal Fiscal Year 2022 Consolidated Annual Performance and Evaluation Report and future needs of housing and community development programs D. COMMITTEE OF THE WHOLE The Committee considers all matters that are desired to be deliberated in committee by the full City Commission. Most ordinances and licensing matters are brought before this committee. 1. Resolution providing for the publication and scheduling of September 19, 2023 as the date for a public hearing and October 10, 2023 as the date to consider an ordinance to amend Chapter 155, “Animals,” of Title IX of the Code of the City of Grand Rapids 2. Resolution providing for the publication and scheduling of September 19, 2023 as the date for a public hearing and October 10, 2023 as the date to consider an ordinance to amend Section 9.63 of Article 5 of Chapter 151 “Nuisances” of Title IX of the Code of the City of Grand Rapids 3. Resolution providing for the publication and scheduling of September 19, 2023 as the date for a public hearing and October 10, 2023 as the date to consider an ordinance to amend Section 9.857.155 of Chapter 170, "Municipal Civil Infractions", of Title IX of the Code of the City of Grand Rapids X. ITEMS REMOVED FROM CONSENT XI. ORDINANCES TO BE ADOPTED XII. CITY COMMISSION RESOLUTIONS - Resolutions to be deliberated by the City Commission but which come directly to the City Commission rather than from one of the Standing Committees. XIII. PUBLIC HEARINGS - Public hearings are scheduled to allow citizens to speak on subjects which will be before the City Commission for action at a future date. Speakers may address the Commission once on each hearing. XIV. PUBLIC COMMENTS - At the conclusion of the official business and public hearings, the agenda provides for public comment on any other matters citizens may wish to bring to the attention of the City Commission. (Please limit comments to 3 minutes.) 1. Public Comments XV. COMMENTS BY COMMISSIONERS XVI. ADJOURNMENT CITY COMMISSION GLOSSARY OF TERMS TERM DEFINITION Adjournment To close the meeting. Adopt To accept or approve; i.e., an ordinance, a resolution, a motion, etc. Amend To modify; i.e., an ordinance, a resolution, a motion, etc. Call to Order Formal opening of a meeting. City Charter Legal document establishing a municipality (city). City Commission Local form of government consisting of the Mayor and six Commissioners. City Officers Includes: Mayor, President of the City Commission, City Manager, City Attorney, City Treasurer, and City Clerk. Consent Agenda Matters listed as Consent Agenda items are considered to be routine or matters of unanimous consent by the City Commission. There will be no separate discussion of these matters, and they will be enacted by one motion. Executive Session A meeting in which the proceedings are of a confidential nature. Only members and invited guests may attend, and all are honor-bound to maintain confidentiality. Motion A proposal that the Commissioners take a specific action or stand on an item being presented to the City Commission. Ordinance A piece of legislation enacted by a municipal authority. Postpone A motion to postpone is made if the City Commission needs more time to make a decision. A postponement cannot go beyond the next session. Quorum Number of voting members who must be present in order that business can be legally transacted. Recess Short intermission within a meeting. Recognize / Obtain the Floor Acknowledgement by the presiding officer of the City Commission that a member has the right to address the assembly. Rescind (Repeal) Allows the City Commission to repeal an action previously taken; i.e., ordinances, etc. Resolution A decision by the City Commission to do or not to do something. Robert’s Rules of Order A guide to fair and orderly meeting procedures. Suspend the Rules This motion is used when the City Commission wants to do something that violates its own rules. The motion does not apply to an organization’s bylaws, local, state, or national law; or fundamental principles of parlia-mentary law. An appropriate suspension of the rules, used on occasion by the City Commission, would be a motion to change the agenda. Table, Lay on the This motion puts aside an item, and everything adhering to it, currently being presented to the City Commission. The item remains “on the table” until taken off. Table, Take (Remove) from the The motion to Take from the Table is used when the City Commission wants to continue considering a motion that was Laid on the Table earlier in the present session or in the previous session of the City Commission. When a motion is Taken from the Table, it has everything adhering to it exactly as it was when it was Laid on the Table. Revised: 06-30-2014 Source(s): Robert’s Rules of Order City Commission Standing Rules CITY OF GRAND RAPIDS COMMISSIONERS Jon O’Connor joconnor@grcity.us 616-456-3035 First Ward Drew Robbins drobbins@grcity.us 616-456-3035 Milinda Ysasi mysasi@grcity.us 616-456-3035 Second Ward Lisa Knight lknight@grcity.us 616-456-3035 Nathaniel Moody nmoody@grcity.us 616-456-3035 Third Ward Kelsey Perdue kperdue@grcity.us 616-456-3035 Revised: 01-07-2023