City Commission - Regular Session

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, October 10, 2023 CALL TO ORDER Commission was called to order by President Jon O’Connor at 2:00 PM. ROLL CALL Present: Commissioner O’Connor, Commissioner Ysasi, Commissioner Moody, Commissioner Perdue, Commissioner Robbins, Commissioner Knight Absent: Mayor Bliss (Excused) The roll was called by the City Clerk. Result: Adopted. Mover: Moody. Supporter: Robbins. Yeas: O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Excused: Rosalynn Bliss Motion to excuse Mayor Bliss. APPROVAL OF MINUTES On the motion of Com. Drew Robbins, supported by Com. Lisa Knight, the reading of the minutes of the regular session of September 19, 2023 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92960 Result: Received and Filed. Communication received from Mark Baker regarding street lighting. 92961 Result: Received and Filed. Communication received from Tenisa Frye, Family Promise of Grand Rapids regarding how Family Promise serves families in Grand Rapids. 92962 Result: Referred to Committee on Appointments. Communication from Peter Vanderwier regarding their resignation from the Uptown Business Improvement District and the Uptown Corridor Improvement Authority. 1  OCTOBER 10, 2023 CITY COMMISSION 2 92963 Result: Referred to Committee on Appointments. Communication from Matthew Van Heulen regarding their resignation from the Housing Appeals Board. REPORTS OF CITY OFFICERS 92964 Result: Received and Filed. Comptroller’s report for the period of September 5, 2023 through September 26, 2023 in the amount of $53,633,228.65. 92965 Result: Received and Filed. Treasurer’s report for the period of September 5, 2023 through September 25, 2023. CONSENT AGENDA A. CONSENT AGENDA 92966 Result: Adopted. Mover: Moody. Supporter: Robbins. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 92967 Result: Adopted. Mover: Moody. Supporter: Robbins. RESOLVED that the following students be appointed as Council Members to the Mayor’s Youth Council for a term beginning October 10, 2023 and ending May 25, 2024. 1st Ward Tayden Beene, City High/Middle School, 11th grade Claudia Duimstra, City High/Middle School, 12th grade Sophia Ferenczi, Grand Rapids Public Museum High School, 12th grade Jalisa Flores-Guerra, Innovation Central High School, 12th grade Lucy Gilbert-Nidefski, Grand Rapids Public Museum High School, 10th grade Nadia Hagedorn, City High/Middle School, 10th grade Akeelah Howard, City High/Middle School, 10 th grade Gwen Kirkbride, City High/Middle School, 12 th grade Sandra Lopez, Southwest Middle/High School - Academic Bilingüe, 12th grade Stefanie Lucas, Southwest Middle/High School - Academic Bilingüe, 12th grade Rima Patel, Union High School, 11th grade Angela Perez Velasquez, Union High School, 12th grade Sebastian Puente, Innovation Central High School, 12th grade Jennifer Velasquez Lopez, Union High School, 12th grade Neveah Xiong, Grand Rapids University Preparatory Academy, 10th grade  3 CITY COMMISSION OCTOBER 10, 2023 2nd Ward Cashis Bobo, Union High School, 11th grade Keilayjah Crawford, Ottawa Hills High School, 11th grade Tanmayi Dakshnamoorthy, City High/Middle School, 10th grade Oscar Gomez-Gutierrez, City High/Middle School, 10th grade Quinn Hanks, Grand Rapids Public Museum High School, 10th grade Kenniya Jones, Union High School, 12th grade Eden Kruis, City High/Middle School, 10th grade Lena Reeves, City High/Middle School, 12th grade Carlos Santos, East Grand Rapids High School, 12th grade Curtis Tunnison, Union High School, 12th grade Elizabeth Vander Bos, CA Frost High School, 12th grade 3rd Ward Aarna Ambardar, Grand Rapids Catholic Central High School, 10th grade Terrell Daniels, Union High School, 12th grade Ciarah Davis, Wellspring Preparatory High School, 11th grade Naden Dean, Ottawa Hills High School, 9th grade Zachary Hardenberg, Forest Hills Northern High School, 11th grade Aaron Howard, Grand Rapids Catholic Central High School, 11th grade Nkechinyere Okwuwasi, City High/Middle School, 10th grade Ivan Schury, Grand Rapids Public Museum High School, 12th grade Jaheim Taylor-Dickerson, Link Learning, 11th grade Gwendolyn VanSweden, City High/Middle School, 10th grade Josiah Willink, City High/Middle School, 12th grade Julian Wilson, City High/Middle School, 11th grade 92968 Result: Adopted. Mover: Moody. Supporter: Robbins. RESOLVED, that Mayor Bliss’ appointment of Brian Swem to the City Planning Commission for the remainder of a three-year term ending January 6, 2025, be confirmed. 92969 Result: Adopted. Mover: Moody. Supporter: Robbins. RESOLVED, that Mayor Bliss’ appointment of Ashley Huey to the Local Officer’s Compensation Commission for a seven-year term ending September 30, 2030 be confirmed. C. FISCAL COMMITTEE 92970 Result: Adopted. Mover: Moody. Supporter: Robbins. RESOLVED: 1. That the City Commission authorizes the acceptance of a grant award in the amount of $16,880 for external training for the Grand Rapids Police Department’s Latent Print Examiner and Latent Print Technician; and  OCTOBER 10, 2023 CITY COMMISSION 4 2. That the grant period is from October 1, 2023 through September 30, 2026; and 3. That a grant agreement between the City of Grand Rapids and the Michigan State Police for said program be approved, and the Mayor is authorized to execute said agreement and related documents in a form approved by the City Attorney; and 4. That the Mayor is authorized to execute agreements, memoranda of understanding, and other related documents for implementation of said program, in a form approved by the City Attorney. 92971 Result: Adopted. Mover: Moody. Supporter: Robbins. RESOLVED: 1. That the City is authorized to enter into an agreement for Participatory Budgeting Supporting Victims of Domestic Violence Program services between Puertas Abiertas and the City of Grand Rapids for a total “not-to- exceed” $100,000; and 2. That the agreement shall be from November 1, 2023, through December 31, 2026; and 2. That the Participatory Budgeting Supporting Victims of Domestic Violence Program services are to serve the First Ward community; and 3. That the Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the City, in a form approved by the City Attorney. 92972 Result: Adopted. Mover: Moody. Supporter: Robbins. RESOLVED: 1. That the City is authorized to enter into an agreement for Participatory Budgeting Youth Affordable Housing and Support Initiative services between AYA Youth Collective and the City of Grand Rapids for a total “not-to-exceed” $290,000; and 2. That the agreement period shall be from November 1, 2023, through December 31, 2026; and 3. That the Participatory Budgeting Youth Affordable Housing and Support Initiative services are to serve the First Ward and Third Ward community; and 4. That the Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the City, in a form approved by the City Attorney.  5 CITY COMMISSION OCTOBER 10, 2023 92973 Result: Adopted. Mover: Moody. Supporter: Robbins. RESOLVED: 1. That the City accepts a payment of $500,000 from ETNA Supply Company; and 2. That a payment and release agreement between the City and ETNA is hereby approved, and the Mayor is authorized to execute said agreement in a form approved by the City Attorney. 92974 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, the City of Grand Rapids requires expert appraisal and witness services to adequately defend the 2023 assessed and taxable values of the subject properties under appeal at the Michigan Tax Tribunal identified in Docket #23-001232; therefore RESOLVED that a Contract for appraisal and expert witness services be entered into in the matter of Michigan Tax Tribunal Docket 23-001232 between the City of Grand Rapids and Value Trends, Inc. in an amount “not-to- exceed” $29,000. The City Clerk and the Mayor are authorized to execute the contract for the City, upon appraisal as to form by the City Attorney. 92975 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, the City has determined to undertake improvements to Lyon Street, N.W. between Monroe Avenue, N.W. 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 recreational 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 Lyon Square work, equipment, and site improvements necessary and incidental thereto that are located within the City (collectively, the “Public Improvements”); and WHEREAS, the City is authorized to issue bonds under Section 517 of Act 34 of the Public Acts of Michigan of 2001, as amended, MCL 141.2101, et seq. ("Act 34"), and use the proceeds of the sale of such bonds to pay all or part of the cost of the Public Improvements; and WHEREAS, the City Commission has determined that it is in the best interest of the City to issue bonds under Section 517 of Act 34 for the purpose of paying all or part of the costs of the Public Improvements.  OCTOBER 10, 2023 CITY COMMISSION 6 RESOLVED, as follows: Section 1. Necessity of Improvements; Useful Life. It is necessary for the public health, safety, and welfare of the City to undertake the Public Improvements and issue general obligation limited tax bonds of the City therefor pursuant to Section 517 of Act 34 to pay for all or a portion of the costs of the Public Improvements. The period of usefulness of the Public Improvements is estimated to be not less than 20 years. Section 2. Bonds Authorized; Security. The City shall issue bonds entitled "Limited Tax General Obligation Bonds, Series 2023" (the "Bonds"), or such other designation as may be determined by the Chief Financial Officer, in the principal sum of not to exceed $10,500,000 to pay for all or a portion of the Public Improvements and the costs of issuance of the Bonds. The Bonds shall be limited tax general obligations of the City. The full faith and credit of the City are pledged for the prompt payment of the principal of and interest on the Bonds as the same shall become due. Each year the City shall include in its budget as a first budget obligation an amount sufficient to pay such principal and interest as the same shall become due. The ability of the City to raise funds to pay such amounts is subject to applicable constitutional, statutory, and charter limitations on the taxing power of the City. Section 3. Continuance of Security for Bonds. The security pledged for the Bonds pursuant to this resolution shall continue until payment in full of the principal of and interest on all the Bonds or, until the Bonds are defeased as provided in Section 15 hereof. Section 4. Bond Details. Bonds shall be issued in one or more series in fully registered form without coupons as serial and/or term bonds and substantially in the form set forth in Section 11 hereof. The interest rate or rates on the Bonds shall not exceed an average net interest rate of 6.00% per annum. The Bonds shall have maturities not exceeding 20 years after the date of issuance. Within the limitations of applicable law and this resolution (including specifically this Section 4) the City's Chief Financial Officer is hereby authorized, with respect to the Bonds, to approve the date, principal amount, maturities, interest payment date, interest rates, discounts, premiums, optional or mandatory redemption, the place of delivery and payment and other matters and procedures necessary to complete the issuance and sale of each of the series of the Bonds as permitted by law. Section 5. Notice of Optional and Mandatory Redemption. If less than all of the Bonds of a certain maturity shall be subject to optional or mandatory redemption, the Bonds of such maturity to be redeemed shall be determined by lot. Notice of the call of any Bonds subject to optional or mandatory redemption shall be given by first-class mail by the Bond Registrar/Paying Agent (identified in Section 9 hereof) not less than 30 days prior to the date fixed for redemption to the registered owners of record of the Bonds or portions thereof to be  7 CITY COMMISSION OCTOBER 10, 2023 redeemed, at the address shown on the registration books of the City kept by the Bond Registrar/Paying Agent; provided, however, that failure to give such notice by mail, or any defect in the notice mailed to the owner of any Bonds, shall not affect the validity of the proceedings for the redemption of any other Bonds. The notice of redemption shall specify the Bonds to be redeemed, the redemption date and the place or places where amounts due upon such redemption will be payable and, if less than all of the Bonds are to be redeemed, the numbers of such Bonds to be so redeemed, and, in the case of Bonds to be redeemed in part only, such notice shall also specify the respective portions of the principal amount thereof to be redeemed. Bonds so called for redemption shall not bear interest after the date fixed for redemption, whether presented for redemption or not, provided funds are on hand with the Bond Registrar/Paying Agent to redeem said Bonds. Section 6. Payment of Bonds and Record Date. The principal of the Bonds shall be payable by the City to the holder thereof in lawful money of the United States of America upon delivery and surrender of the Bonds at the designated office of the Bond Registrar/Paying Agent (identified in Section 9 hereof). Interest on the Bonds shall be paid when due by check or draft drawn on the Bond Registrar/Paying Agent by first class mail to the registered owners thereof at the addresses shown on the registration books of the City kept by the Bond Registrar/Paying Agent as of the close of business on the 15th day of the month preceding the month a payment of interest on the Bonds is due, provided, however, that if such day is a Saturday, Sunday or legal holiday in the State of Michigan (the "State"), then to the registered owners at the addresses shown on the registration books as of the close of business on the day next preceding such 15th day of the month which is not a Saturday, Sunday or legal holiday in the State (the "Record Date"); provided, however, that the Record Date may be changed by the City to conform to market practice. Section 7. Denomination and Numbering. The Bonds shall be issued in the denomination of $5,000 or any multiple thereof within a series and within a single maturity in such series, not exceeding the principal amount of the Bonds of such series maturing in such year. Each Bond shall be numbered by the Bond Registrar/Paying Agent (identified in Section 9 hereof) in such a fashion as to reflect the fact that it is one of the Bonds, and to identify the owner thereof on the bond register of the City kept by the Bond Registrar/Paying Agent. Section 8. Book-Entry System. Initially, one fully-registered bond for each maturity of the Bonds within a series, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the book-entry-only transfer system of DTC. In the event the City determines that it is in the best interest of the City not to continue the book-entry system of transfer or that the interests of the holders of the Bonds  OCTOBER 10, 2023 CITY COMMISSION 8 might be adversely affected if the book-entry system of transfer is continued, the City may notify DTC and the Bond Registrar/Paying Agent (identified in Section 9 hereof), whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the Bond Registrar/Paying Agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Bond Registrar/Paying Agent and discharging its responsibilities with respect thereto under applicable law or the City may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the City shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the City and the Bond Registrar/Paying Agent shall be obligated to deliver bond certificates in accordance with the procedures established by this resolution. In the event bond certificates are issued, the provisions of this resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the City and the Bond Registrar/Paying Agent to do so, the City and the Bond Registrar/Paying Agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the Bonds to any Participant having Bonds credited to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the Bonds. Notwithstanding any other provision of this resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on such Bonds and all notices with respect to the Bonds shall be made and given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations between DTC and the City. The Chief Financial Officer is authorized to sign a Blanket Issuer Letter of Representations or any other related document on behalf of the City in such form approved by the Chief Financial Officer. Section 9. Bond Registrar and Paying Agent. The Huntington National Bank, is hereby appointed to act on behalf of the City as registrar and paying and transfer agent (the "Bond Registrar/Paying Agent") with respect to the Bonds. The City's Chief Financial Officer is hereby authorized to enter into an agreement on behalf of the City with the Bond Registrar/Paying Agent upon such terms and conditions as are consistent with the terms of this resolution. All reasonable fees and expenses of the Bond Registrar/Paying Agent shall be paid by the City. The City's Chief Financial Officer from time to time may designate, and enter into an agreement with, a new paying and transfer agent and bond registrar that is qualified to act in such capacity under the laws of the United States of America or the State.  9 CITY COMMISSION OCTOBER 10, 2023 Section 10. Execution, Authentication and Delivery of Bonds. The Mayor and Comptroller shall sign said Bonds and their signatures shall be attested by the City Clerk in each case manually or, to the extent authorized by law, by facsimile, for and on behalf of the City and shall cause the seal of the City (or a facsimile thereof) to be affixed thereto or printed thereon. The Bonds, when executed, shall be delivered to the Bond Registrar/Paying Agent for authentication and delivery by it to the purchaser thereof upon receipt of the purchase price therefor. The Bond Registrar/Paying Agent shall indicate on each Bond the date of its authentication. Additional Bonds bearing the manual or facsimile signatures of the Mayor, Comptroller and City Clerk and upon which the seal of the City (or a facsimile thereof) is affixed thereto or imprinted thereon may be delivered to the Bond Registrar/Paying Agent for authentication and delivery in connection with the exchange and transfer of Bonds. The Bond Registrar/Paying Agent shall authenticate and deliver the Bonds as directed by the City. The Mayor, City Clerk, City Manager, Deputy City Manager, City Treasurer and the Chief Financial Officer are hereby authorized to execute such certificates, affidavits or other documents or instruments as may be required in connection with the issuance, sale and delivery of the Bonds. Section 11. Form of Bonds; Exchange and Transfer of Bonds. The Bonds shall be substantially in the form attached hereto as Exhibit A. In the event that the Bonds are not in book-entry-only form, any individual Bond, at the option of the registered owner thereof, shall be transferable on the bond register of the City upon the surrender of the individual Bond together with an assignment executed by the registered owner or its duly authorized attorney in form satisfactory to the Bond Registrar/Paying Agent. Upon receipt of a properly assigned Bond, the Bond Registrar/Paying Agent shall authenticate and deliver a new bond or bonds in equal aggregate principal amount and like interest rate and maturity to the designated transferee or transferees. Any individual bond may likewise be exchanged for one or more other bonds with the same interest rate and maturity in authorized denominations aggregating the same principal amount as the Bond being exchanged. Such exchange shall be effected by surrender of the individual Bond to be exchanged to the Bond Registrar/Paying Agent with written instructions signed by the registered owner of the individual Bond or its attorney in form satisfactory to the Bond Registrar/Paying Agent. Upon receipt of an individual Bond with proper written instructions the Bond Registrar/Paying Agent shall authenticate and deliver a new bond or bonds to the registered owner of the Bond or its properly designated transferee or transferees or attorney. If, at the time the Bond Registrar/Paying Agent authenticates and delivers a new Bond pursuant to this Section 11, payment of interest on the Bonds is in default, the Bond Registrar/Paying Agent shall endorse upon the new Bond the following: "Payment of interest on this Bond is in default. The last date to which interest has been paid is __________________________."  OCTOBER 10, 2023 CITY COMMISSION 10 The City and the Bond Registrar/Paying Agent may deem and treat the person in whose name any Bond shall be registered upon the Bond Register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of the principal of, premium, if any, and interest on such Bond and for all other purposes, and all payments made to any such registered owner, or upon its order, in accordance with the provisions of Section 6 of this resolution shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Bond Registrar/Paying Agent shall be affected by any notice to the contrary. The City agrees to indemnify and save the Bond Registrar/Paying Agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating the registered owner. For every exchange or transfer of Bonds the City or the Bond Registrar/Paying Agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to the exchange or transfer, which sum or sums shall be paid by the person requesting the exchange or transfer as a condition precedent to the exercise of the privilege of making the exchange or transfer. The Bond Registrar/Paying Agent shall not be required to transfer or exchange Bonds or portions of Bonds which have been selected for redemption. Section 12. Debt Service Fund. There shall be established and maintained on the books of the City a separate fund to be designated the "LIMITED TAX GENERAL OBLIGATION BONDS DEBT SERVICE FUND, SERIES 2023" (the "Debt Service Fund") for the Bonds. The Debt Service Fund for the Bonds shall be maintained at a bank or trust company designated by the City. Into said Debt Service Fund for the Bonds there shall be placed the accrued interest for such Bonds, if any, received at the time of delivery of said series of Bonds. All payments made by the City pursuant to Section 6 of this resolution are pledged for the payment of principal of and interest on the Bonds and as made shall be placed in the Debt Service Fund for the Bonds. The principal of and interest on the Bonds when due shall be paid directly out of the Debt Service Fund. Section 13. Improvement Fund. Prior to delivery and sale of the Bonds, there shall be established and maintained on the books of the City a separate account to be designated the "LIMITED TAX GENERAL OBLIGATION BONDS IMPROVEMENT FUND, SERIES 2023" including a subaccount designated the “LYON SQUARE ACCOUNT” (the "Improvement Fund") for the Bonds. The Improvement Fund for the Bonds shall be maintained at a bank or trust company designated by the City. After deducting a sum equal to the amount of accrued interest from the date of the Bonds to the date of delivery thereof, if any, which sums shall be deposited in the Debt Service Fund, the balance of the proceeds of the Bonds shall be deposited into  11 CITY COMMISSION OCTOBER 10, 2023 the applicable subaccount of the Improvement Fund the amount determined by the City’s Chief Financial Officer. The moneys on deposit in the Improvement Fund from time to time shall be used solely for the purpose for which the Bonds were issued. Any unexpended balance shall be used for such purposes as allowed by law. After completing the Public Improvements and disposition of remaining proceeds of the Bonds, if any, pursuant to the provisions of this Section 13, the Improvement Fund shall be closed. Section 14. Refunding Bonds. The City shall have the power to issue refunding bonds pursuant to all applicable law to refund all or part of Bonds for purposes authorized by law. Section 15. Defeasance. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of and interest on the Bonds, shall have been deposited in trust, this resolution shall be defeased with respect to the Bonds and the owners of the Bonds shall have no further rights under this resolution except to receive payment of the principal of and interest on such Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange Bonds as provided herein. Section 16. Replacement of Bonds. Upon receipt by the Bond Registrar/Paying Agent of proof of ownership of an unmatured Bond and satisfactory evidence that the Bond has been lost, apparently destroyed or wrongfully taken and upon receipt of security or indemnity which complies with applicable law and is satisfactory to the Bond Registrar/Paying Agent, the Bond Registrar/Paying Agent shall deliver a new executed bond to replace the Bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured Bond is lost, apparently destroyed or wrongfully taken, the Bond Registrar/Paying Agent may pay the Bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The Bond Registrar/Paying Agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the Bond Registrar/Paying Agent and the City in the premises. Any bond delivered pursuant to the provisions of this Section 16 in lieu of any Bond lost, apparently destroyed or wrongfully taken shall be of the same form, tenor and series and be secured in the same manner as the Bond in substitution for which such bond was delivered. Section 17. Investment of Moneys. Moneys in the respective Improvement Fund and the Debt Service Fund may be invested in United States Government obligations, obligations the principal of and interest on which are guaranteed by the United States Government or other investments  OCTOBER 10, 2023 CITY COMMISSION 12 permitted by law. Any moneys so invested shall be in obligations or deposits maturing prior to the estimated date that such moneys will be needed for the purposes of the fund in which such moneys invested have been deposited. Section 18. State Tax Exemption. The Bonds are authorized by the Constitution of the State, the statutes of the State and, in particular, Section 517 of Act 34 and are exempt from any and all taxation whatsoever by the State or a political subdivision thereof, except estate taxes and taxes on gains realized from the sale, payment or other disposition thereof. Section 19. Tax Covenant. The City covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the Bonds will be and will remain excludable from gross income for federal income tax purposes. Section 20. Additional Security. The City's Chief Financial Officer is hereby authorized to negotiate and arrange, as and to the extent she shall deem necessary and/or economically feasible, for insurance on the Bonds as additional security to assure timely payment of principal of and interest on the Bonds. Section 21. Negotiated Sale. The City's Chief Financial Officer is authorized to negotiate the sale of the Bonds with Huntington Securities, Inc. d/b/a Huntington Capital Markets (the "Underwriter") in accordance with the provisions of this resolution and to execute a bond purchase agreement with the Underwriter evidencing the terms of such negotiated sale. A negotiated sale of the Bonds will permit the City to sell the Bonds at the appropriate time and to structure the issue to assure the lowest interest rate on the Bonds. Section 22. Report of Sale of Bonds. The City's Chief Financial Officer, prior to the issuance of the Bonds, shall file a report with the City Commission with respect to the sale of the Bonds. Such report shall include (a) the date of issue, principal amount, principal payment dates, and the manner of sale of the Bonds, (b) the interest rate or rates on the Bonds and the interest payment dates, (c) the optional and mandatory redemption provisions related to the Bonds, (d) the use and disposition of the proceeds of the Bonds, and (e) the extent of the use of any bond insurance to secure payment of the Bonds. Section 23. Sale, Issuance and Delivery of Bonds; Preparation and Use of Official Statement. The Mayor, City Clerk, City Manager, Deputy City Manager, City Treasurer and Chief Financial Officer are authorized to do all things necessary to effectuate the sale, issuance and delivery of the Bonds in accordance with the provisions of this resolution. The City's Chief Financial Officer is hereby authorized to cause the preparation of an official statement for the Bonds for purposes of compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"), and to do all other things necessary to comply with the Rule. After the  13 CITY COMMISSION OCTOBER 10, 2023 award of the Bonds, the City will provide copies of a "final official statement" (as defined in paragraph (f)(3) of the Rule) on a timely basis and in reasonable quantity as requested by the purchaser to enable such purchaser to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. The City's Chief Financial Officer is authorized to enter into such agreements as may be required to enable the purchaser to comply with the Rule. Section 24. Continuing Disclosure. The City's Chief Financial Officer is authorized to execute and deliver in the name and on behalf of the City a continuing disclosure certificate to comply with the requirements for a continuing disclosure undertaking by the City pursuant to paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The City hereby covenants and agrees that it will comply with and carry out all the provisions of the Continuing Disclosure Certificate. Section 25. Approval of Michigan Department of Treasury. The issuance and sale of the Bonds is subject to approval being granted therefor by the Department of Treasury of the State ("Treasury") in accordance with Act 34. The City has previously filed a qualifying statement with Treasury, and subsequent thereto the City has been granted qualified status by Treasury, all as provided in Act 34. Section 26. Bond Counsel. The firm of Dickinson Wright PLLC is hereby approved as bond counsel to the City for the issuance of the Bonds and the Chief Financial Officer is authorized to sign an engagement letter with bond counsel with such fee as is provided in the financial report prepared for the Bonds. The City acknowledges that Dickinson Wright PLLC represents a number of financial institutions in public finance matters unrelated to the Bonds, including the Underwriter, and consents to Dickinson Wright PLLC’s representation of the City as bond counsel and, and waives any conflict of interest arising from such representation of the Underwriter in other matters not involving the City or the Bonds. Section 27. Severability. If any section, paragraph, clause or provision of this resolution shall be held invalid, the invalidity of such paragraph, section, clause or provision shall not affect any of the other provisions of this resolution. Section 28. Prior Resolutions. All resolutions or parts thereof in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed. Section 29. Headings. The section headings in this resolution are furnished for convenience of reference only and shall not be considered to be part of this resolution.  OCTOBER 10, 2023 CITY COMMISSION 14 Section 30. Effective Date of Resolution. This resolution shall become effective immediately upon its passage. 92976 Result: Adopted. Mover: Moody. 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 behalf of the City, as follows, in a form to be approved by the City Attorney: 1. Applied Innovation 36-month lease with a 12-month renewal option for Canon multifunction printers with various accessories for Citywide departments from Applied Innovation for the annual “not-to-exceed” amount of $185,000.00, budgeted annually; the estimated lease total amount is $740,000.00. 2. Advanta Health Solutions One-time increase of $11,000.00 to the contract with Advanta Health Solutions for additional development costs for a wellness app. 3. SET Environmental One-year term contract with two, one-year renewal options for the Environmental Services Department from SET Environmental for emergency hazardous waste cleanup and disposal services for an annual “not-to-exceed” amount of $25,000.00; the estimated three-year total amount is $75,000.00. 4. MyEyeDr. Optometry of Michigan, LLC One-year term contract with two, one-year renewal options for the Risk Management Department from MyEyeDr. Optometry of Michigan, LLC (dba RX Optical) to provide prescription safety glasses for an annual “not-to- exceed” amount of $9,000.00; the estimated three-year total amount is $27,000.00. 5. IDEXX Distribution Inc. One-year term contract with two, one-year renewal options for the purchase of O.E.M. IDEXX lab supplies for the Water Department from IDEXX Distribution, Inc. for the annual “not-to-exceed” amount of $48,000.00; the three-year estimated total amount is $144,000.00. 6. Municipal Emergency Services One-year term contract, with two, one-year renewal options for the “as- needed” purchase and delivery of thermal imaging cameras and accessories for the Fire Department from Municipal Emergency Services for an annual “not-to-exceed” amount of $32,000.00; the estimated 3-year total amount is $96,000.00.  15 CITY COMMISSION OCTOBER 10, 2023 FURTHER RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors: 7. Lunghamer Ford of Owosso Cooperative purchase through the State of Michigan MiDEAL Contract #071B7700180 is recommended for the purchase of thirteen (13) 2024 Ford Maverick Super Crew AWD Hybrid vehicles for the Fleet Management Department from Lunghamer Ford of Owosso for the total amount of $398,790.00. 8. Emergency Technologies Purchase of Original Equipment Manufacturer (O.E.M.) public safety vehicle LED lightbars, controllers, remote nodes, flashers, sirens, and related components for the Police Department from Emergency Technologies (dba Soundoff Signal) for the total amount of $42,293.24. 9. Sayer40, Inc. One-year term contract with two, one-year renewal options for the Technology and Change Management Department from Sayer40, Inc. for continued licensing and support of NetMotion Licensing and Diagnostics for the first-year annual amount of $68,482.00; renewals for additional contract years for continued licensing and support will be processed per the costs received from Sayers40. The estimated three-year total amount at this time is $205,446.00. 10. Michigan Ammo, LLC Purchase of training ammunition is recommended for the Police Department from Michigan Ammo, LLC for the total amount of $33,000.00. D. COMMUNITY DEVELOPMENT COMMITTEE 92977 Result: Adopted. Mover: Moody. Supporter: Robbins. RESOLVED that the request to grant Feld Entertainment, Inc. d/b/a Jurassic World Live, Ringling Bros. Circus a Fireworks Discharge Permit to be used in conjunction with the Jurassic World Live, Ringling Bros. Circus at the Van Andel Arena on October 20 – 23, 2023, is approved, pending an inspection by the Fire Department. 92978 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS: 1. Pursuant to the Option Agreement to Purchase Real Estate dated February 26, 2021 between the City and the Kent County Convention/Arena Authority, the CAA executed its option to purchase approximately 11.6 acres of the Property for the location of the Amphitheater and related parking and other uses; and  OCTOBER 10, 2023 CITY COMMISSION 16 2. Pursuant to an Agreement Regarding Payment Terms and Closing Date dated June 30, 2023, the City and the CAA reached agreement regarding the City’s phased release of the Property subject to availability of interim relocation sites; and 3. To facilitate construction of the Amphitheater, and while the City’s permanent facility for the City operations is still under construction and renovation, the Parties have developed a plan for a temporary relocation of the City Operations to temporary locations; therefore RESOLVED that the Mayor is authorized to execute an Agreement with Grand Action 2.0 regarding relocation of City operations to interim facilities, in a form approved by the City Attorney. 92979 Result: Adopted. Mover: Moody. 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") 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; and 2. The Authority has pursuant to Act 381 approved and recommended an amendment of the Plan for the DeVries Jewelers 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 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 24, 2023, at 7:00 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  17 CITY COMMISSION OCTOBER 10, 2023 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. 92980 Result: Adopted. Mover: Moody. Supporter: Robbins. RESOLVED: 1. That a public hearing be held on Tuesday, October 24, 2023, at 7:00 p.m. in the City Commission Chambers on the 9th Floor of City Hall, 300 Monroe Avenue NW, Grand Rapids, MI, to consider the request of Ascent Fine Cabinetry, LLC to establish an Industrial Development District at a 2150 Northridge Drive NW, as permitted by Act 198 of 1974, which application describing the district remains on file for public inspection in the Economic Development Office; and 2. That written notice be mailed to property owners within the proposed district and that the City Clerk shall publish said notice. 92981 Result: Adopted. Mover: Moody. Supporter: Robbins. RESOLVED: 1. That the application submitted by Ascent Fine Cabinetry, Inc. for an Industrial Facilities Exemption Certificate for the installation of real property at 2150 Northridge Drive NW encompassing 2.1 acres, shall remain on file in the Economic Development Office for consideration by the public; and 2. That a public hearing be held on Tuesday, October 24, 2023, at 7:00 p.m. in the City Commission Chambers, City Hall, 300 Monroe Avenue NW, in the City of Grand Rapids, 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 on the question of approving the application for an Industrial Facilities Exemption Certificate for Ascent Fine Cabinetry, Inc. to be applied to real property at the 2150 Northridge Drive NW; 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, also, 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.  OCTOBER 10, 2023 CITY COMMISSION 18 92982 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS: 1. On July 25, 2023, the City Commission authorized the establishment of the Special Assessment Nuisance Roll 8782. 2. On October 24, 2023, the City Commission will sit as Board of Review to hear appeals on the Special Assessment Special Assessment Nuisance Roll 8782. 3. The Special Assessment Roll was available in the City Assessor’s Office in City Hall for ten business days, beginning on October 2, 2023. Property owners affected may file a written appeal at any time up to the adjournment of the October 24th City Commission meeting. RESOLVED: That the City Commission will sit as Board of Review on October 24, 2023, at 7:00 pm in City Commission Chambers, 9th Floor of City Hall, to hear appeals on the Special Assessment Special Assessment Nuisance Roll 8782. 92983 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, a proposal was received on September 25, 2023 for the following project: Expansion of Grand Rapids Public Museum (hereinafter referred to as the “Project”) and Owen-Ames-Kimball Co. (OAK) submitted a cost of $4,181,141; therefore RESOLVED: 1. That the proposal of OAK be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the professional services agreement for the Project on behalf of the City. 2. That total expenditures for the Project be authorized in an amount “not-to- exceed” $8,003,702 which includes the costs of the professional services agreement, construction phase services including inspection by Tower Pinkster Titus Associates, Inc., testing, administration, contingencies, and previously authorized services. Said amount of $8,003,702 to be charged to the applicable Capital Improvement Fund code. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project.  19 CITY COMMISSION OCTOBER 10, 2023 92984 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, it is necessary to approve a Release of Easement and accept a Public Utilities Easement in connection with Sanitary Sewer and Water Main in Waterford Village Drive, Marlboro Street, and Public Easement (NW) Foundry Lane (Pvt.), Midland Court (Pvt.), Savannah Drive (Pvt.), Waterford Place (Pvt.), Lakeway Court (Pvt.), Oxford Lane (Pvt.) and Rustic Lane (Pvt.) (The Savannah at Waterford Village - Phase 1); therefore RESOLVED: 1. That the aforesaid Release of Easement be approved to the following property owner and/or its successor(s) in interest at the following property for nominal consideration of One Dollar ($1.00): SC Waterford Village, LLC and SCS Walker, LLC 760 W. Main Street Suite 140 Barrington, IL 60010 Total Easement Area to be Released: 239,759 Square Feet 2. That the Mayor is hereby authorized to execute the aforesaid Release of Easement on behalf of the City contingent upon approval as to form by the City Attorney; and 3. That the City 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. Public Utilities Easement SC Waterford Village, LLC and $1.00 SCS Walker, LLC 760 W Main Street, Suite 140 Barrington, IL 60010 3461 Lake Michigan Drive NW, Parcel No. 41-13-20-401-008 3483 Lake Michigan Drive NW, Parcel No. 41-13-20-401-007 3485 Lake Michigan Drive NW, Parcel No. 41-13-20-401-006 Total of Easement Area: 241,558 Square Feet 4. That the City Clerk is hereby authorized and directed to record the aforesaid Easement with the Kent County Register of Deeds.  OCTOBER 10, 2023 CITY COMMISSION 20 92985 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, it is necessary to approve a Construction Agreement for the construction of public sanitary sewer and water main facilities in connection with Sanitary Sewer and Water Main in Savannah Drive South, Lincoln Lawns Drive (The Savannah at Waterford Village - Phase 2); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids, the City of Walker and SC Waterford Village, 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. 92986 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, it is necessary to approve a Construction Agreement, for the construction of public improvements in connection with Improvements in Quimby Street from Plainfield Avenue to Buffalo Avenue (The Current Apartments); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids and Talbot Quimby, 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. 92987 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, it is necessary to approve a Construction Agreement for the construction of public water main and sanitary sewer lateral facilities in connection with Water Main and Sanitary Sewer Lateral in Ironwood Drive (Ironwood Manufacturing); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids, Tallmadge Charter Township and Ironwood 13960, 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.  21 CITY COMMISSION OCTOBER 10, 2023 92988 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, it is necessary to approve a Preliminary Engineering Agreement between the City of Grand Rapids and CSX Transportation, Inc. for Improvements to the Grand River East River Front from Fulton Street to Wealthy Street at the CSX Railroad and to authorize payment to CSX Transportation, Inc. for work conducted in connection with the Preliminary Engineering Agreement; therefore RESOLVED: 1. That the aforesaid Preliminary Engineering Agreement be approved and that upon approval as to form by the City Attorney, the Mayor is hereby authorized to execute said Preliminary Engineering Agreement on behalf of the City. 2. That payment to CSX Transportation, Inc. is hereby authorized in the amount of $17,050. Said amount to be charged to the applicable Capital Improvement Fund code. 3. That the City Comptroller is hereby authorized and directed to make payments, in amounts and to said payees, as the City Engineer or his designee requests in connection with the aforesaid Preliminary Engineering Agreement. 92989 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS: 1. On October 27, 2020 (Proceeding No. 90316), the City entered into agreements for the above-captioned services for three-year terms with each of the following firms: Fishbeck, Thompson, Carr & Huber, Inc. (Fishbeck), Restore Consulting LLC (Restore), Soil & Materials Testing Engineers, Inc. dba SME (SME), Walker Parking Consultants/Engineers, Inc. dba Walker Consultants (Walker), and WGI Michigan, Inc. (WGI) who were retained to provide Professional Engineering and Inspection Services for Parking Structures for the City of Grand Rapids, Michigan; and 2. The City desires to extend these agreements by a three-year period ending October 31, 2026, and each firm has agreed to said extensions; therefore RESOLVED: 1. That Amendment No. 1 of the agreements with Fishbeck, Restore, SME, Walker, and WGI for Professional Engineering and Inspection Services for Parking Structures be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said  OCTOBER 10, 2023 CITY COMMISSION 22 amendments on behalf of the City, which authorizes the extension of the period of performance to October 31, 2026; 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 his designee requests in connection with the projects. 92990 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, a Qualification Based Selection Process was used to receive a proposal for pre-construction services on August 1, 2023 for the following project: Accessibility Improvements at 300 Monroe Ave NW (hereinafter referred to as the “Project”) McGraw Construction Inc. (McGraw) submitted a proposal of $43,775. RESOLVED: 1. That the proposal 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 professional services agreement for the Project on behalf of the City. 2. That total expenditures for the Project be authorized in an amount “not-to- exceed” $214,680 which includes the costs of the Professional Services Agreement with McGraw, previously authorized design phase services by Progressive AE, Inc. (PAE) and Restore Consulting, LLC (Restore), administration, and contingencies. Said amount of $214,680 to be charged to the applicable codes currently defined as follows: $108,027 to Code No. 4010-265-9000-9750-401023005, $42,936 to Code No. 5141-523-9000- 9880-514123061G, and $63,717 to the applicable Facilities Management Fund Code. 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. 92991 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, it is necessary to accept a Public Utilities Easement in connection with Sanitary Sewer in Crahen Avenue and Public Easement (50/100 Crahen Development – Phase 2); therefore RESOLVED: 1. That the City accept a Public Utilities Easement for the construction and maintenance of public utilities from the following property owner, with  23 CITY COMMISSION OCTOBER 10, 2023 description of the aforesaid Easement and for the nominal considerations as noted, which were paid by the developer. Stehekin, LLC $1.00 50 Crahen Avenue NE Grand Rapids, MI 49525 100 Crahen Avenue NE, Parcel No. 41-14-25-271-003 Total of Easement Area: 1850 Square Feet 2. That the City Clerk is hereby authorized and directed to record the aforesaid Easement with the Kent County Register of Deeds. 92992 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, bids were received on September 12, 2023 for the following project: Replacement of Traffic Signals and Pedestrian Crossing Enhancements at Various Locations (Fulton Street, Fountain Street, and Kalamazoo Avenue) (hereinafter referred to as the “Project”) and Strain Electric Company, Inc. (Strain) submitted a bid of $548,237.05 for which the engineer’s estimate, prepared by Hubbell Roth & Clark, Inc. (HRC), is $564,771.00; therefore RESOLVED: 1. That the bid of Strain 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 $809,250 which includes the costs of the construction contract, previously authorized design phase services by HRC, construction phase services including inspection by HRC, public information program, traffic safety and street lighting force account work, administration, and contingencies. Said amount of $809,250 to be charged to the applicable codes currently defined as follows: $235,000 to Code No. 4090-519-9000- 9880-409023020 and $574,250 to Code No. 5141-523-9000-9880- 514120032. 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.  OCTOBER 10, 2023 CITY COMMISSION 24 92993 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, bids were received on September 21, 2023 for the following project: Parking Expansion at City Archives and Records Center (hereinafter referred to as the “Project”) and Katerberg-Verhage, Inc. (K&V) submitted a bid of $274,320 for which the engineer’s estimate, prepared by Prein & Newhof, Inc (P&N), is $265,075; therefore RESOLVED: 1. That the bid of K&V 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” $428,200 which includes the costs of the construction contract, previously authorized design phase services by P&N, construction phase services including inspection by P&N, administration, and contingencies. Said amount of $428,200 to be charged to the applicable codes currently defined as follows: $428,200 to Code No. 4010-265-9000-9750- 401023004. 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. 92994 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, a proposal was received from Integrated Architecture, LLC (IA) for the following project: Construction of Kendall Street Fire Station (hereinafter referred to as the “Project”) It is necessary to authorize preliminary design engineering and design phase services in connection with the Project; therefore RESOLVED: 1. That the proposal of IA be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the professional services agreement for the Project on behalf of the City. 2. That IA be authorized to proceed with preliminary design engineering and design phase services in connection with the Project at a cost of $451,450  25 CITY COMMISSION OCTOBER 10, 2023 with total expenditures “not-to-exceed” $529,870 which includes the professional services agreement, administration, and contingencies. Said amount of $529,870 to be charged to the applicable Capital Improvement 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. 92995 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, a proposal was received from Integrated Architecture, LLC (IA) for the following project: Construction of Division Avenue Fire Station (hereinafter referred to as the “Project”) It is necessary to authorize preliminary design engineering and design phase services in connection with the Project; therefore RESOLVED: 1. That the proposal of IA be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the professional services agreement for the Project on behalf of the City. 2. That IA be authorized to proceed with preliminary design engineering and design phase services in connection with the Project at a cost of $705,450 with total expenditures “not-to-exceed” $828,580 which includes the professional services agreement, administration, and contingencies. Said amount of $828,580 to be charged to the applicable Capital Improvement 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 92996 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS: 1. Pursuant to 381 P.A. 1996, as amended (“Act 381”), the City of Grand Rapids Brownfield Redevelopment Authority (“Authority”) has been established by resolution of the City Commission of the City of Grand Rapids (the “City Commission”) for the purpose of promoting the revitalization of eligible properties in the City of Grand Rapids; and  OCTOBER 10, 2023 CITY COMMISSION 26 2. Under Act 381, the Authority is authorized to develop and propose for adoption by City Commission a brownfield plan for one (1) or more parcels of eligible property; and 3. The Authority has prepared a proposed transformational brownfield plan for the Factory Yards Mixed-Use Development Project (the “Plan”); and 4. The developer intends to apply with the Michigan Strategic Fund for transformational brownfield plan approval under Act 381; and 5. If the Plan is approved, the Factory Yards Mixed-Used Development Project (the “Project”) may be eligible, subject to an underwriting and financial analysis and other requirements all as set forth in Act 381, to capture up to 100% of income tax capture revenues if the applicable eligible properties within the Plan for the Project are subject to a written, binding affordable housing agreement; and 6. The developer, in order to make the Project eligible to capture up to 100% of income tax capture revenues, is willing to commit to certain affordable housing requirements subject to the terms and conditions of an affordable housing agreement (the “Agreement”); and 7. The Authority approved the Plan and the Agreement on August 23, 2023 and forwarded it to the City Commission with a request for City Commission’s approval of the Plan and Agreement; and 8. The City, in order to encourage the successful completion of the Project and promote the development of inclusive mixed-income communities, is willing to enter into the Agreement; and 9. The required notice of the public hearing on the Plan by the City Commission was given in accordance with Sections 13c(5), 14 and 14(a) of Act 381, including not less than thirty (30) days’ notice to the Michigan Strategic Fund; and 10. The City Commission held a public hearing on the proposed Plan on September 19, 2023; therefore RESOLVED: 1. Public Purpose. The City Commission hereby determines that the Plan constitutes a public purpose in accordance with Section 14(5) of Act 381. 2. Best Interest of the Public. The City Commission hereby determines that it is in the best interests of the public to promote the revitalization of certain properties in the City and to proceed with the Plan. 3. Review Considerations. As required by Act 381, the City Commission has in reviewing the Plan taken into account the following considerations:  27 CITY COMMISSION OCTOBER 10, 2023 a. The Plan meets the requirements of Section 2(hhh) of Act 381, and that the Plan is calculated to, and has the reasonable likelihood to, have a transformational impact on the local economic development and community revitalization based on the extent of brownfield redevelopment and growth in population, commercial activity, and employment that will result from the Plan; and b. The Plan meets the requirements set forth in Section 13, 13(b), and 13(c) of Act 381; and c. The costs of the proposed Eligible Activities identified in the Plan are reasonable and necessary to carry out the purposes of Act 381; and d. Based on an economic and fiscal impact analysis, the Plan will result in an overall positive fiscal impact to the State of Michigan; and e. The Plan takes into account the criteria described in Section 90b(4) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090b; and f. The Plan includes appropriate provisions regarding affordable housing; and g. The proposed method of financing the costs of eligible activities is feasible and the Authority has the ability to arrange the financing; and h. The amounts of Captured Taxable Value, Construction Period Tax Capture Revenues, Withholding Tax Capture Revenues and Income Tax Capture Revenues estimated to result from adoption of the Plan are reasonable; and i. The Plan will have a positive impact on existing investment and development conditions in the project area and act as a catalyst for additional revitalization of the area in which it is located. 4. Approval and Adoption of Plan and Agreement. The Plan as submitted by the Authority is hereby approved and adopted. The Agreement is approved with such modifications not materially adverse to the City, approved as to content by the Executive Director of the Authority and as to form by the City Attorney. The Mayor is authorized to execute the approved Agreement for and on behalf of the City. 5. Repeal. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. 92997 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS: 1. 655 Godfrey, LLC has filed a request with the City of Grand Rapids for the establishment of an Obsolete Property Rehabilitation District, pursuant to P.A. 146 of 2000, at 655 Godfrey Avenue SW; and 2. Before acting upon said request, a public hearing was held on September 19, 2023, in accordance with Section 3(3) of P.A. 146 of 2000; therefore RESOLVED:  OCTOBER 10, 2023 CITY COMMISSION 28 1. That based upon the facts and information submitted, the City Commission does hereby establish an Obsolete Property Rehabilitation District at 655 Godfrey Avenue SW (PPN 41-13-36-155-003); and 2. That based upon the facts and information submitted, the City Commission does also hereby find and determine that the above-mentioned property is Obsolete Property as defined in Section 2(h) of P.A. 146 of 2000. 92998 Result: Adopted. Mover: Moody. Supporter: Robbins. WHEREAS, 655 Godfrey, LLC has filed an application with the City of Grand Rapids for an Obsolete Property Rehabilitation Exemption Certificate under P.A. 146 of 2000; therefore RESOLVED: 1. That the local unit is a Qualified Local Governmental Unit; and 2. That the Obsolete Property Rehabilitation District was legally established by the City Commission October 10, 2023, after a public hearing held on September 19, 2023, as provided by Section 3 of P.A. 146 of 2000; and 3. That the taxable value of the property proposed to be exempt plus the aggregate taxable value of property already exempt under P.A. 146 of 2000 and under P.A. 198 of 1974 (IFT’s) does not exceed 5% of the total taxable value of the unit; and 4. That the application is being approved after a public hearing held on September 19, 2023 as provided by Section 4(2) of P.A. 146 of 2000; and 5. That the applicant is not delinquent in any taxes related to the facility and that the application is for Obsolete Property as defined in Section 2(h) of P.A. 146 of 2000; and 6. That all of the items required as attachments for the Application for an Obsolete Property Rehabilitation Exemption Certificate have been provided to the Qualified Local Governmental Unit by the applicant; and 7. That the commencement of the rehabilitation of the facility did not occur before the establishment of the Obsolete Property Rehabilitation District; and 8. That the application relates to a rehabilitation project that, when completed, constitutes a rehabilitated facility within the meaning of P.A. 146 of 2000 and that it is situated within an Obsolete Property Rehabilitation District established in a Qualified Local Governmental Unit eligible under P.A. 146 of 2000 to establish such a district; and 9. That upon completion of the rehabilitation facility it is calculated to, and will at the time of issuance of the certificate, have the reasonable likelihood to  29 CITY COMMISSION OCTOBER 10, 2023 increase commercial activity, create employment and revitalize urban areas; and 10. That the rehabilitation includes improvements aggregating 10% or more of the true cash value of the property at commencement of the rehabilitation as provided by Section 2(I) of P.A. 146 of 2000; and 11. That the date of completion of the 655 Godfrey, LLC facility located at 655 Godfrey Avenue SW, the subject of the Obsolete Property Rehabilitation Exemption Certificate, shall be December 31, 2025; and 12. That the cost of the real property improvement is estimated at $96,606,974; and 13. That the State Equalized Value (SEV) of the real property, excluding land subject to the obsolete property for the tax year is $2,271,750 and the taxable value is $2,721,750; and 14. That the certificate for 655 Godfrey, LLC is approved for a period of twelve (12) years, pursuant to P.A. 146 of 2000, based on the jobs created, increase in commercial activity, increased revenue due to the increased value of the SEV as currently projected, and the economic value to the community as stated in the hearings; and 15. That the term of the exemption will not be extended beyond the term approved by this resolution; and 16. That upon approval as to form by the City Attorney, the Mayor is authorized to sign the Memorandum of Understanding for 655 Godfrey, LLC. ORDINANCES 92999 Result: Adopted. Mover: Perdue. Supporter: Moody. Yeas: O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Excused: Rosalynn Bliss AN ORDINANCE AMENDING SECTION 4 OF SALARY ORDINANCE 2022-38 ORDINANCE NO. 2023 – 46 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 4 of Salary Ordinance 2022-38, be amended to read as follows: “Section 4. The following Fire Uniformed Employee classifications shall be paid within the range listed opposite the Class title:  OCTOBER 10, 2023 CITY COMMISSION 30 Class Class Title Range No. 198 Fire Lieutenant – Hazardous Materials Planner 3B 199 Fire Captain – Fleet/Facility Maintenance 11B 200 Fire Captain – Prevention 5B 201 Fire Fighter 1B 202 Fire Equipment Operator 2B 203 Fire Lieutenant 3B 204 Fire Captain 5B 205 Battalion Fire Chief 6B 207 Fire Chief – Training 6B 208 Fire Captain – Training 5B 209 Fire Investigator 4B 210 Fire Lieutenant - Fire Prevention Inspector 3B 211 Fire Marshal 6B 214 Fire Captain – Building Maintenance 5B 215 Fire Maintenance Electrician 1BB 220 Fire Captain – Fleet Maintenance 5B 463 Assistant Fleet Maintenance Supervisor 3BB 800 Assistant Fire Chief 12B 807 Fire Captain - Emergency Medical Svcs Coordinator 5B 810 Certified Fire Instructor 8B 811 Provisional Fire Instructor 9B 812 Assistant Fire Instructor 10B 815 Fire Lieutenant - Strategic Planning Officer 3B 818 Fire Lieutenant – Technology 3B 819 Fire Lieutenant – Training 3B 820 Fire Captain – Strategic Planning Officer 5B 822 Fire Lieutenant – Homeless Outreach Team 3B 823 Fire Captain – Homeless Outreach Team 5B 825 Battalion Fire Chief – Emergency Medical Services 6B” Section 2. That all Ordinances in conflict herewith are repealed. Result: Adopted. Mover: Perdue. Supporter: Moody. Yeas: O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Excused: Rosalynn Bliss Motion to give Ordinance immediate effect. 93000 Result: Adopted. Mover: Robbins. Supporter: Perdue. Yeas: O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Excused: Rosalynn Bliss AN ORDINANCE TO AMEND CHAPTER 155 OF TITLE IX OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED, “ANIMALS”  31 CITY COMMISSION OCTOBER 10, 2023 ORDINANCE NO. 2023 - 47 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. (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.  OCTOBER 10, 2023 CITY COMMISSION 32 (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. (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  33 CITY COMMISSION OCTOBER 10, 2023 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: (1) 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. (2) 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. (3) An initial permit shall be valid for a period of three (3) years. a. 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. b. If the permittee has recorded or verified violations of ordinance provisions or permit conditions but is currently in compliance, the permit may be renewed for an additional one (1) year. c. 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.  OCTOBER 10, 2023 CITY COMMISSION 34 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. Chickens may be kept in the City with a valid Chicken Permit subject to the following conditions: (1) 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. (2) Chickens may only be kept on a lot which is at least 3,800 square feet in size. (3) Chickens may only be kept by an occupant of a dwelling unit located on the real property on which the chickens are kept. (4) 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. (5) 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. (6) Each fenced and covered enclosure shall be located at least ten (10) feet from any lot line. (7) 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. (8) 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. (9) Chicken feed must be in rodent resistant and weatherproof containers. (10) 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. (11) The person keeping the chickens shall abide by all health and safety standards of the City's Property Maintenance Code.  35 CITY COMMISSION OCTOBER 10, 2023 (12) 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. (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. a. 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. b. If the permittee has recorded or verified violations of ordinance provisions or permit conditions but is currently in compliance, the permit may be renewed for an additional one (1) year. c. 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.  OCTOBER 10, 2023 CITY COMMISSION 36 (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. (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.” 93001 Result: Adopted. Mover: Ysasi. Supporter: Moody. Yeas: O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Excused: Rosalynn Bliss AN ORDINANCE AMENDING SECTION 9.63 OF ARTICLE 5 OF CHAPTER 151 “NUISANCES”, TITLE IX OF THE GRAND RAPIDS CITY CODE. ORDINANCE NO. 2023 - 48 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  37 CITY COMMISSION OCTOBER 10, 2023 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.  OCTOBER 10, 2023 CITY COMMISSION 38 (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 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.” 93002 Result: Adopted. Mover: Ysasi. Supporter: Perdue. Yeas: O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Excused: Rosalynn Bliss AN ORDINANCE AMENDING SECTION 9.857.155. OF CHAPTER 170 “MUNICIPAL CIVIL INFRACTIONS”, TITLE IX OF THE GRAND RAPIDS CITY CODE ORDINANCE NO. 2023 - 49 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. Code Code Municipal Civil Infraction Initial First Second Period for Chapter Section Offense Repeat Repeat and Repeat Offense Subsequent Offense Offense (Note 1) 155 9.201.- Keeping bees without a $50.00 $100.00 $200.00 NA 9.205. permit, in violation of the permit issued, or in violation of the Bees Ordinance requirements. 155 9.212.- Keeping backyard $50.00 $100.00 $200.00 NA 9.216. 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. “  39 CITY COMMISSION OCTOBER 10, 2023 PUBLIC HEARINGS 93003 Result: Referred to Committee of the Whole. Public hearing to consider a Brownfield Plan Amendment for the River North Redevelopment Project at 1340 Monroe Avenue NW. 93004 Result: Referred to Committee of the Whole. Public hearing to consider the establishment of a Neighborhood Enterprise Zone for the River North project located at 1340 Monroe Avenue NW. DOCUMENTS FILED 93005 Result: Received and Filed. Bid document with ALS Group USA Corp submitted for the public record. 93006 Result: Received and Filed. Authorization form with Hootsuite submitted for the public record. 93007 Result: Received and Filed. Metro Act Right of Way Permit Extension with Michigan Bell Telephone Company d/b/a AT&T Michigan submitted for the public record. 93008 Result: Received and Filed. New Community Transformation Fund, LP subscription packet submitted for the public record. 93009 Result: Received and Filed. Photograph of the sidewalk at 125 Ottawa submitted for the public record. ADJOURNMENT Commission adjourned at 2:32 PM JOEL H. HONDORP City Clerk