City Commission - Regular Session

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, December 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 Moody, Commissioner Perdue, Commissioner Robbins, Commissioner Knight Absent: None. The roll was called by the City Clerk. APPROVAL OF MINUTES On the motion of Com. Nathaniel Moody, supported by Com. Lisa Knight, the reading of the minutes of the regular session of November 14, 2023 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 93083 Result: Received and Filed. Appeal of partial denial of FOIA 22-0994 from State Appellate Defender Office. REPORTS OF CITY OFFICERS 93084 Result: Received and Filed. The City Clerk submitted copies of the General Retirement System Annual Actuarial Valuation for the year ending June 30, 2023. 93085 Result: Received and Filed. Comptroller’s report for the period through November 21, 2023 in the amount of $44,896,128.36. 93086 Result: Received and Filed. Treasurer’s report for the period of November 2, 2023 through November 20, 2023. CONSENT AGENDA A. CONSENT AGENDA APPROVAL 1  DECEMBER 5, 2023 CITY COMMISSION 2 93087 Result: Adopted. Mover: O’Connor. Supporter: Perdue. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 93088 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED, that the City Commission’s appointment of Marta Johnson to the Parks and Recreation Advisory Board for the remainder of a three-year term ending January 4, 2027, be approved. 93089 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED, that Mayor Bliss’ appointment of Nate DeHaan to the Vital Streets Oversight Commission for a three-year term ending January 4, 2027, be confirmed. C. FISCAL COMMITTEE 93090 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, Grand Rapids Cable Access Center Inc., 711 Bridge St. NW, Grand Rapids, MI 49504, has applied to the Bureau of State Lottery for the Bingo/Raffle License and, as part of the required licensing procedure, has requested recognition as a local civic organization from the City Commission pursuant to MCLA 432.103(9); therefore RESOLVED that the City Commission hereby finds that, to the best of its knowledge, Grand Rapids Cable Access Center, Inc. exists as a non-profit local civil organization which conducts a major portion of its activities within the City of Grand Rapids and, therefore, hereby officially recognizes Grand Rapids Cable Access Center, Inc. as a local civic organization pursuant to MCLA 432.103(9). 93091 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED, that the City is authorized to enter into a contract for professional services between the City of Grand Rapids and Dragon Rescue Management, Inc. for training services provided to the Grand Rapids Fire Department in an amount “not-to-exceed” $17,950 is hereby approved, and the Mayor is authorized to execute the same behalf of the City in a form to be approved by the City Attorney.  3 CITY COMMISSION DECEMBER 5, 2023 93092 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That an agreement between the City of Grand Rapids and Axon Enterprise in an amount “not-to-exceed” Three Million, Nine Hundred and Twenty Thousand, Eight Hundred and Ninety-Six Dollars, and Forty-Two Cents ($3,920,896.42), over the period of three years, with two, one-year renewal options (budgeted annually), for the provision of the technologies enumerated above to approved; and 2. That the period of performance for the agreements is from January 2024, through December 2027; and 3. That the Mayor is authorized to execute said agreements upon approval as to form by the City Attorney. 93093 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED that the City's depository agreements authorizing the City Treasurer's Office to utilize First Merchants Bank are hereby approved and the Mayor authorized to execute the agreements for the City upon approval as to form by the City Attorney. FURTHER RESOLVED that the City Treasurer is authorized to execute, on behalf of the City, signature cards and other documents with First Merchants Bank required to open and maintain City depository accounts. 93094 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. In 2002 the City entered into a 20-year lease with a 10-year extension to lease the first floor of the Phinney Building located at 87-89 Monroe Center, NW in the City and the lease permits the City to sublease all or any portion thereof; and 2. The City’s current sublease agreement with the GRAAMA is set to expire on December 31, 2023; therefore RESOLVED that upon approval as to form by the City Attorney, the Mayor and City Clerk are hereby authorized to execute a sublease agreement on property located at 89 Monroe Center between the City and the Grand Rapids African American Museum and Archives for the period of 6-months for the lease rate of $2,196.14 per month and a six-month renewal option at the same rate.  DECEMBER 5, 2023 CITY COMMISSION 4 93095 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That the City is authorized to enter into an agreement for Participatory Budgeting Affordable Daycare for Second & Third Shift Workers initiative services between Vibrant Futures and the City of Grand Rapids for a total “not-to-exceed” $300,000; and 2. That the agreement period shall be from December 1, 2023, through December 1, 2026; and 3. That the Participatory Budgeting Affordable Daycare for Second & Third Shift Workers 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. 93096 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. City Commission adopted City Commission Policy 900-02 establishing the City of Grand Rapids Affordable Housing Fund, as amended; and 2. City Commission approved execution of an agreement with the Grand Rapids Community Foundation for provision of fiduciary services for the Affordable Housing Fund; therefore RESOLVED that the City Comptroller is hereby authorized to make payment to the Grand Rapids Community Foundation in the amount of $114,273.30 for deposit into the City of Grand Rapids Affordable Housing from account 101-694-101-8010. 93097 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The program utilizes 12.5% of the estimated penalty fees collected to support customers of the water/sewer system requiring assistance paying water/sewer utility bills; and 2. The Utility Advisory Board and Kent County Community Action Governing Board reviewed the payment assistance contract; and 3. Recommended changes to the contract that focus on the increase in rates and the asset-limited, income-constrained, employed population in an effort to address the needs of customers; therefore  5 CITY COMMISSION DECEMBER 5, 2023 RESOLVED that the City Commission authorizes the City of Grand Rapids to enter into an agreement with the Kent County Community Action, and the Mayor and City Clerk are authorized to execute the agreements for and on behalf of the City. 93098 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The City of Grand Rapids is part of the EGLE water supply program; and 2. The City receives a variety of services related to inspections, monitoring, certification, permitting, etc.; therefore RESOLVED that the Comptroller is authorized and directed to make payment to the State of Michigan in the amount of $35,192.56 for the Community Public Water Supply Annual Fee and charged to Code No. 5910- 536-1000-8240. 93099 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, the Fiscal Committee has considered the attached bids; therefore RESOLVED that contracts be prepared between the City and the following vendors, and that the Mayor be authorized to sign the contracts on behalf of the City, as follows, in a form to be approved by the City Attorney: 1. Dive Rescue International One year-term contract with two, one-year renewal options for the “as- needed” purchase and delivery of water rescue suits and related accessories for the Fire Department from Dive Rescue International, Inc. for an annual “not-to-exceed amount” of $50,000.00; the estimated three- year total amount is $150,000.00. 2. AGN Glass Clear Image Auto Glass Vos Glass, LLC One-year term contracts with two, one-year renewal options for auto glass repair/replacement and commercial glass repair/replacement services for the Facilities Management, Fleet Management, and Parking Services Departments from AGN Glass, LLC (dba Auto Glass Now) for the annual “not-to-exceed” amount of $5,000.00; from Clear Image Auto Glass for the annual “not-to-exceed” amount of $15,000.00; and from Vos Glass, LLC for the annual “not-to-exceed” amount of $20,000.00; the estimated three-year total annual “not-to-exceed” amount is $120,000.00.  DECEMBER 5, 2023 CITY COMMISSION 6 3. Grey Matter Group Contract extension for an additional one-year term contract with one, one- year renewal option for continued “as-needed” marketing services for the Mobile GR Department from Grey Matter Group for the annual “not-to- exceed” amount of $50,000.00. 4. Med-1 Leonard, LLC Contract extension for an additional three-year term contract for comprehensive occupational medical services, administered through the Risk Management Department for Citywide use, from Med-1 Leonard, LLC (Med-1) for the annual “not-to-exceed” amount of $275,000.00; the estimated three-year total amount is $825,000.00. 5. Potomac Strategic Development Contract extension for an additional one-year term contract, with two, one- year renewal options for federal lobbying services for the Executive Office from Potomac Strategic Development for an annual “not-to-exceed” amount of $48,000.00; the estimated three-year total amount is $144,000.00. 6. MacAllister Machinery, Inc. Increase to the annual contract amount of $40,000.00, for a new annual “not-to-exceed” amount of $60,000.00 for O.E.M. Caterpillar generator repair services for the Lake Michigan Filtration Plant from MacAllister Machinery (dba Michigan CAT); the estimated three-year total amount is $180,000.00. 7. U.S. Signal Company Contract extension for an additional three-year term with one, three-year renewal option for infrastructure as a service (IaaS), backup as a service (BaaS), disaster recovery (DR) and co-location (CoLo) Services for the Technology and Change Management and Mobile GR departments from U.S. Signal for an annual “not-to-exceed” amount of $1,056,000.00, budgeted annually; the total amount for the three-year period is $3,168,000.00. 8. Boender-Custer, LLC Preferred Flooring MI, LLC One-year term contracts with two, one-year renewal options to furnish and install carpet, carpet tiles, vinyl base floor coverings and the removal of existing carpet and floor coverings, on an “as-needed” basis for Citywide use, for an annual “not-to-exceed” amount of $160,000.00 as follows: Vendor Annual Amount Boender-Custer, LLC (dba Century Flooring) $120,000.00 Preferred Flooring MI, LLC $ 40,000.00 The estimated three-year total amount is $480,000.00.  7 CITY COMMISSION DECEMBER 5, 2023 9. Otis Elevator Elevator Services, Inc. Three-year term contracts, with one, three-year renewal option for elevator maintenance and repair services for Environmental Services and Mobile GR from Otis Elevator Company for an annual “not-to-exceed” amount of $175,000.00; and for Facilities Management, Fire Department, Water Department, and Mobile GR for Item #’s 21-23 from Elevator Services, Inc. for an annual “not-to-exceed” amount of $175,000.00; the total estimated three-year total amount is $1,050,000.00. 10. Auto Fixit Body Shop, Inc. Judd’s Body Shop Pro-Am Collision and Mechanical Riverbend Body Shop, Inc. Tony Betten & Sons Ford One-year term contracts with two, one-year renewal options for “as- needed” vehicle body repair services for Fleet Management, Fire Department and the Police Department as follows: Vendor Section Annual Auto Fixit Body Shop, Inc. Sections I & II $100,000.00 Judd’s Body Shop Sections I & II $50,000.00 Pro Am Collision & Mechanical Sections I & II $50,000.00 Riverbend Body Shop, Inc. Section I $50,000.00 Tony Betten & Sons Ford Section I $100,000.00 The total annual “not-to-exceed” amount for all contracts is $350,000.00; the estimated three-year total amount is $1,050,000.00. 11. Ethosoft, Inc. Three-year term contract for a continued subscription for the laboratory information management system, budgeted annually, for the Water Resource Recovery Facility from Ethosoft, Inc. for the first-year annual amount of $21,909.68 ( effective December 1, 2023 through November 30, 2024); for the second-year annual amount of $23,005.21 (effective December 1, 2024 through November 30, 2025); and the third-year annual amount of $24,155.45 (effective December 1, 2025 through November 30, 2026). The 3-year total contract amount is $69,070.34. 12. Westside Solutions, Inc. One-year term contract with two, one-year renewal options for services related to the turnkey purchase, installation, and on-going maintenance of Chargepoint electric vehicle charging station equipment and hardware for the MobileGR Department from Westside Solutions, Inc. for the first-year annual “not-to-exceed” amount of $1,100,000.00. It is expected that future contract renewals will be at lesser annual amounts, dependent on funding allocations, as well as the number of projected installations per year.  DECEMBER 5, 2023 CITY COMMISSION 8 D. COMMUNITY DEVELOPMENT COMMITTEE 93100 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED that the request to grant Image SFX a Fireworks Discharge Permit to be used in conjunction with the Trans-Siberian Orchestra concerts at the Van Andel Arena on December 26, 2023, is approved, pending an inspection by the Fire Department. 93101 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, it is necessary to accept a Sidewalk and Utility Easement at 3325 Plainfield Avenue NE for nominal consideration of One Dollar ($1.00); therefore RESOLVED: 1. That a Sidewalk and Utility Easement is hereby accepted from the following property owner for the described property for nominal consideration of One Dollar ($1.00): Kum & Go, L.C. ($1.00) 1459 Grand Ave Des Moines, IA 50309 3325 Plainfield Avenue NE, Parcel No. 41-14-05-276-021 DESCRIPTION OF A 6 FOOT WIDE SIDEWALK EASEMENT CONTAINING 1,818 SQUARE FEET LOCATED IN SECTION 5, TOWN 7 NORTH, RANGE 11 WEST, CITY OF GRAND RAPIDS, KENT COUNTY, MICHIGAN: and 2. That the City Clerk is hereby authorized and directed to record the aforesaid Sidewalk and Utility Easement with the Kent County Register of Deeds. 93102 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. On April 15, 2003 (Proceeding No. 71085) the City accepted four Drainage Easements and authorized eminent domain proceedings for three additional Drainage Easements in connection with the Improvement of Lamberton Creek Channel from Knapp Street to 800 feet East of Ball Avenue that contained language stating "It is understood that said Drainage Easement for a certain Drain will be transferred to the Lamberton Creek County Drainage District at such time as Lamberton Creek is legally extended over and across the said land"; and  9 CITY COMMISSION DECEMBER 5, 2023 2. The Kent County Drain Commissioner has informed the City that the Lamberton Creek Drain Drainage District is to be legally extended over and across the said land, and it is necessary to approve seven Assignment of Easements for no compensation and to approve three Drainage Easements on City-owned property to the Lamberton Creek Drain Drainage District each for nominal consideration of One Dollar (total $4.00); therefore RESOLVED: 1. That seven Assignment of Easements are hereby approved to the Lamberton Creek Drain Drainage District at the following properties for the documents noted: 1945 Ball Ave. NE, Parcel No. 41-14-17-226-027, L. 6627 P. 1044, 1930 Ball Ave. NE, Parcel No. 41-14-16-101-002, Inst. Nos. 200502150019119 & 200502150019120, 1780 Knapp St. NE, Parcel No. 41-14-16-101-017, Inst. No. 200502150019118, 1660 Knapp St. NE, Parcel No. 41-14-16-101-019, Inst. No. 200403030028519, 1955 Ball Ave. NE, Parcel No. 41-14-17-226-011, Inst. No. 200502150019121, 1664 & 1668 Knapp St. NE, Parcel Nos. 41-14-16-101-021 & -022, Inst. No. 200308140162492, 1682 Knapp St. NE, Parcel No. 41-14-16-101-006, Inst. No. 200308140162492; and 2. That three Drainage Easements are hereby approved to the Lamberton Creek Drain Drainage District at the following City-owned properties: 1975 Ball Ave. NE, Parcel No. 41-14-17-226-026 1560 Knapp St. NE, Parcel No. 41-14-17-226-010, 1500 Aberdeen St. NE, Parcel No. 41-14-08-476-001, 3151 Monroe Ave. NE, Parcel No. 41-14-06-300-003; and 3. That the Mayor is hereby authorized to execute the aforesaid Assignment of Easements and Drainage Easements on behalf of the City, contingent upon approval as to form by the City Attorney; and 4. That the City Clerk is hereby authorized and directed to record the aforesaid Assignment of Easements and Drainage Easements with the Kent County Register of Deeds. 93103 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, in response to a request from Misti Smith Stanton and family the City Commission held a public hearing on November 14, 2023, to consider the commemorative designation of Auburn Way from Wealthy Street  DECEMBER 5, 2023 CITY COMMISSION 10 to Lake Drive as Sekou Smith Way and support has been expressed for the aforesaid commemorative designation; therefore RESOLVED that the City Commission hereby approves the commemorative designation of Auburn Avenue from Wealthy Street to Lake Drive as Sekou Smith Way. E. COMMITTEE OF THE WHOLE 93104 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. Increasing the availability of outdoor dining space will help increase the vibrancy of downtown and neighborhood business districts; and 2. Public Act 124 of 2020 as amended empowers the City Commission to designate Social Districts with Commons Areas where purchasers may consume alcoholic beverages sold by multiple qualified Michigan Liquor Control Commission licensees who obtain Social District Permits; and 3. The City Commission has designated Social Districts containing Commons Areas within the City of Grand Rapids; and 4. The City Commission has received a request from a qualified licensee to recommend approval of their Social District Permit application by the Michigan Liquor Control Commission; and 5. The licensed premises of the licensee are contiguous to the Commons Areas within the designated Social Districts; and 6. The City Commission desires to recommend approval of the Social District Permit application; therefore RESOLVED: 1. That the Social District Permit application from Nonla Burger, LLC; 449 Bridge St NW, Suite 102, is recommended by the City Commission for consideration and approval by the Michigan Liquor Control Commission; and 2. That the City Clerk is authorized and directed to provide the applicant with a certification of this action in the form specified by the Michigan Liquor Control Commission.  11 CITY COMMISSION DECEMBER 5, 2023 93105 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The State of Michigan has provided for the issuance of additional Liquor Licenses within the North Quarter Corridor Improvement District, as authorized by Public Act 501 of 2006 (MCL 436.1521a(1)(b)); and 2. Good Good Good, LLC, at 1590 Plainfield Ave NE, Grand Rapids, MI 49505, Kent County, has submitted an application for a license under Section 521a(1)(b) of the Act; and 3. Good Good Good, LLC, has supplied information with their application which supports the required stipulations of the Act; and 4. The City Assessor has submitted an affidavit stating the total amount of public and private investment in real and personal property within the North Quarter Corridor Improvement District is in excess of $200,000 over the preceding five (5) year time period; and 5. The North Quarter Corridor Improvement Authority adopted a resolution on November 16, 2023, recommending approval of the issuance of a Development District Liquor License at 1590 Plainfield Ave NE, Grand Rapids, MI 49505, Kent County, above all others; therefore RESOLVED that the request from Good Good Good, LLC located at 1590 Plainfield Ave NE, Grand Rapids, MI 49505, Kent County for a Development District Liquor License pursuant to Public Act 501 of 2006 (MCL 436.1521a(1)(b)) be approved above others. 93106 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. The City Commission on January 30, 2018, approved Resolution No. 87390 and adopted an amended City Commission Policy No. 900-45 for Neighborhood Enterprise Zones, which contains a statement of the City’s goals, objectives and requirements to designate an eligible area; and 2. The City Commission established the 1340 Monroe Avenue NW Neighborhood Enterprise Zone (NEZ) district by Resolution No. 93073, adopted on November 14, 2023; and 3. An application was filed with the City of Grand Rapids on November 17, 2023 by Franklin North Monroe, LLC for the construction of up to 260 apartment units which are to be located within the 1340 Monroe Avenue NW NEZ, requesting an NEZ Exemption Certificate; therefore RESOLVED:  DECEMBER 5, 2023 CITY COMMISSION 12 1. That the City Commission hereby acknowledges receipt of the NEZ Exemption Certificate application from Franklin North Monroe, LLC for the construction of market-rate residential apartment units to be located within the 1340 Monroe Avenue NW NEZ; and 2. That the City Commission hereby finds that the NEZ Exemption Certificate application complies with the Neighborhood Enterprise Zone Act, Act 147 of the Public Acts of Michigan of 1992, as amended; and 3. That the City Commission hereby approves the submission of the NEZ Exemption Certificate application for the above-described project, located at 1340 Monroe Avenue NW, to the State Tax Commission by the City Clerk; and 4. That the City Commission recommends that the above-described property, if approved by the State Tax Commission, shall receive fifteen (15) years of NEZ benefits, beginning from the effective date of the NEZ Exemption Certificate; and 5. That the NEZ Exemption Certificate and any accompanying economic benefit approved for submission to the State Tax Commission pursuant to this resolution is subject to any and all changes in State or Federal legislation and such changes are beyond the control of this City Commission. 93107 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS: 1. Full of Deloney, LLC has filed a request with the City of Grand Rapids for the establishment of an Obsolete Property Rehabilitation District, pursuant to PA 146 of 2000, at 851 Fulton Street W; and 2. Before acting upon said request, a public hearing was held on November 14, 2023, in accordance with Section 3(3) of PA 146 of 2000; therefore RESOLVED: 1. That based upon the facts and information submitted, the City Commission does hereby establish an Obsolete Property Rehabilitation District at 851 Fulton Street W (PPN 41-13-26-284-016); 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 PA 146 of 2000.  13 CITY COMMISSION DECEMBER 5, 2023 93108 Result: Adopted. Mover: O’Connor. Supporter: Perdue. WHEREAS, Full of Deloney, LLC has filed an application with the City of Grand Rapids for an Obsolete Property Rehabilitation Exemption Certificate under PA 146 of 2000; and WHEREAS, the City Commission has a desire to facilitate the development of housing at all price points, sizes, and types; 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 December 5, 2023, after a public hearing held on November 14, 2023, as provided by Section 3 of PA 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 PA 146 of 2000 and under PA 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 November 14, 2023, as provided by Section 4(2) of PA 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 PA 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 PA 146 of 2000 and that it is situated within an Obsolete Property Rehabilitation District established in a Qualified Local Governmental Unit eligible under PA 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 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 PA 146 of 2000; and  DECEMBER 5, 2023 CITY COMMISSION 14 11. That the date of completion of the Full of Deloney, LLC facility located at 851 Fulton Street W, 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 $1,744,215; and 13. That the State Equalized Value (SEV) of the real property, excluding land subject to the obsolete property for the tax year is $519,900 and the taxable value is $182,582; and 14. That the certificate for Full of Deloney, LLC is approved for a period of twelve (12) years, pursuant to PA 146 of 2000, based on the 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 Section 3(C) of City Commission Policy 900-42, adopted on February 23, 2016, is hereby waived to support the project proposed at 851 Fulton Street W by Full of Deloney, LLC; and 17. That upon approval as to form by the City Attorney, the Mayor is authorized to sign the Memorandum of Understanding for Full of Deloney, LLC. 93109 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That the attached ordinance be considered for adoption by the City Commission at its meeting on January 9, 2024; and 2. That the attached ordinance amending Section 3.40 of Chapter 42, Title III of the Grand Rapids City Code entitled “Trees” shall be published as part of the proceedings; and 3. That in accordance with Section 10 of Title V of the Grand Rapids City Charter, the City Clerk shall publish the attached ordinance in the official newspaper of record. AN ORDINANCE TO AMEND SECTION 3.40 OF CHAPTER 42 OF TITLE III OF THE GRAND RAPIDS CITY CODE ORDINANCE NO. 2024 - __ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:  15 CITY COMMISSION DECEMBER 5, 2023 Section 1. That Section 3.40 of Chapter 42 of Title III of the Code of City of Grand Rapids be amended in its entirety to read as follows: “Sec. 3.40. - Membership. The Urban Forestry Committee shall be comprised of eleven (11) voting members as follows: (1) The Mayor shall appoint four (4) members, who shall be persons with a demonstrated interest or expertise in trees. Of those four (4) members: one (1) shall be a member of the Parks and Recreation Advisory Board and one (1) shall be a certified arborist. (2) The City Manager shall appoint four (4) members, who shall be persons with a demonstrated interest or expertise in trees. Of those four (4) members: One (1) shall be a designated forestry official; and two (2) shall be City employees. (3) Electric Power Utility and Natural Gas Utility shall nominate one (1) affiliated representative each to serve as a member. (4) A nonprofit organization with a demonstrated interest in the City's urban forest and tree canopy, as determined by the Director of the Parks and Recreation Department, shall nominate one (1) affiliated representative to serve as a member. All appointments to the Committee shall be subject to confirmation by the City Commission. The designated forestry official shall be a permanent member of the Committee. All other members of the Committee shall serve terms of three (3) years.” 93110 Result: Adopted. Mover: O’Connor. Supporter: Perdue. RESOLVED: 1. That the attached ordinance amending sections 9.331 and 9.333 of Chapter 159 of Title IX of the Grand Rapids City Code entitled “Fire Prevention” shall be published as part of the proceedings; and 2. That pursuant to Section 10(b) of Title V of the City Charter, the City Clerk shall publish the attached summary in a newspaper of general circulation in the city; and 3. That the proposed ordinance shall be considered for adoption on January 9, 2024. SUMMARY OF ORDINANCE NO. 2024 - __ This Ordinance amends sections 9.331 and 9.333 of Chapter 159, Title IV of the City of Grand Rapids Code entitled “Fire Prevention”.  DECEMBER 5, 2023 CITY COMMISSION 16 The proposed amendments will accomplish the following: 1. Update the Fire Code from the 2012 edition of the International Fire Code (IFC) to the 2021 edition of the IFC, with local amendments. The 2021 edition of the IFC is the most recent edition published by the International Code Council. 2. Update best practices pertaining to sprinkler requirements for existing buildings, fire watch for buildings under construction, and hotel alarm system requirements. 3. Align the Fire Code with other City ordinances currently allowing for mobile food businesses and recreational fires. 4. Clarify certain standards from previous editions and align Grand Rapids with the current best practices in fire safety, fire prevention, and emergency planning and preparedness. AN ORDINANCE TO AMEND SECTIONS 9.331 AND 9.333 OF CHAPTER 159 OF TITLE IX OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “FIRE PREVENTION”. ORDINANCE NO. 2024 - __ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 9.331 of Chapter 159, Title IX of the Code of the City of Grand Rapids be amended in its entirety, to read as follows: “The City of Grand Rapids, in order to regulate and govern the safeguarding of life and property from fire or explosion hazards, adopts the International Fire Code, 2021 edition, as published by the International Code Council, including appendix B, D, F, I, J and N of said International Fire Code. The purpose and intent of this code is to prescribe minimum requirements consistent with nationally recognized standards for providing a reasonable level of safety to life and property and for protection from the hazards of fire, explosion, or dangerous conditions arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property related to the occupancy of buildings and premises. This code shall also provide for the issuance of certain permits and collection of delineated fees. All matters within the intent of this code and not covered by this code shall comply with the referenced standards listed in the International Fire Code, 2021 edition, as published by the International Code Council (including Appendix Chapters B, D, F, I, J and N). At least three (3) copies of this code have been and are now filed in the City Clerk’s office except as otherwise specifically stated herein, the provisions of  17 CITY COMMISSION DECEMBER 5, 2023 such Code are hereby adopted and incorporated by reference as though fully set out at length herein, and the provisions thereof shall be controlling within the City of Grand Rapids.” Section 2. That Section 9.333 of Chapter 159, Title IX of the Code of the City of Grand Rapids be amended in its entirety, to read as follows: “The following sections and subsections of the 2021 International Fire Code are hereby amended or deleted as set forth and additional sections and subsections are added as indicated. Subsequent section numbers used in this Chapter shall refer to the like numbered sections of the International Fire Code, 2021 edition. (1) Section 101.1. 101.1 Title. These regulations shall be known as the Fire Code of City of Grand Rapids, herein referred to as "this code". (2) Section 105.5.32. 105.6.30 Mobile food preparation vehicles. A license is required for mobile food preparation vehicles as set forth in the City’s Mobile Food Business Ordinance, Chapter 74 of Title VI of the City’s Code of Ordinances. (3) Section 105.5.34. Deleted. (4) Section 111.1. 111.1 Board of Appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application and interpretation of this code there shall be a Board of Appeals. The Board of Appeals shall be the Construction Code Board of Appeals of the City of Grand Rapids. All appeals shall be governed by the procedures for appeals to the Construction Code Board of Appeals. (5) Section 112.4. 112.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or to do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this Chapter, shall be guilty of a municipal civil infraction for the first offense. All subsequent offenses shall be a misdemeanor punishable by a fine of up to $500, or imprisonment for up to 90 days, or both such fines and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense and a separate violation subject to enforcement action. (6) Section 111. 111.5 Posting of Official Fire Department Notices. Whenever it is determined by the Fire Official that a building is unsafe for public occupancy or public safety personnel, the Fire Official or other personnel may evacuate and/or post a notice, placard, or sign on the building indicating the building's unsafe condition. (7) Section 113.4. 113.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor.  DECEMBER 5, 2023 CITY COMMISSION 18 (8) Section 202 Definitions. Mobile Food Preparation Vehicles. Mobile Food Preparation Vehicles shall have the same meaning as Mobile Food Vending Business under Section 6.102 of Chapter 74 of Title VI of the City’s Code of Ordinances. (9) Section 307. Deleted. (10) Section 319.1. 319.1 General. Mobile food preparation vehicles shall comply with this section. (11) Section 319.2. 319.2 License required. A license is required for mobile food preparation vehicles as set forth in the City’s Mobile Food Business Ordinance, Chapter 74 of Title VI of the City’s Code of Ordinances. (12) Section 507.5.1. 507.5.1 Where Required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. Provided however, that for group R-3 occupancies the distance requirement shall be 400 feet. (13) Section 901.6.3. 901.6.3. Records. Records of all system inspections, tests and maintenance required by the referenced standards and/or City Code shall be maintained on the premises for a minimum of three years and shall be copied by the inspection, testing, and/or maintenance contractor to the fire code official using a system as specified by him or her. (14) Section 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the follow conditions exists: 1. The fire area exceeds 12,000 square feet (1115 m2). 2. The fire area has an occupant load of 299. During special events and holidays, if the establishment assigns an existing employee or security to conduct fire watch, then the establishment may increase capacity. Fire inspectors will provide free inspections and training related to capacity requests. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The fire area contains a multiple-theater complex. (15) Section 1103.5.1 Deleted. (16) Section 1103.7.5.1 Group R-1 hotel and motel manual fire alarm system. A manual fire alarm system that activates the occupant notification system in accordance with section 907.5 shall be installed in existing Group R-1 hotels and motels more than one story in height or with more than 20 sleeping units. Fire Prevention will inspect and install smoke alarms in each room and interior egress area to ensure occupant safety. This section shall have a phased adoption and be completed by 2028. During  19 CITY COMMISSION DECEMBER 5, 2023 this period, funding from state and local sources shall be sought to offset costs. Exceptions: 1. A manual fire alarm system is not required in buildings less than two stories in height where all sleeping units, attics and crawl spaces are separated by 1-hour fire resistance-rated construction and each sleeping unit has direct access to a public way, egress court or yard. 2. A manual fire alarm system is not required in buildings not more than three stories in height with not more than 20 sleeping units and equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. 3. Manual fire alarm boxes are not required throughout the building where the following conditions are met: 3.1. The building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 pr 903.3.1.2. 3.2 The notification appliances will activate upon sprinkler water flow. 3.3 Not less than one manual fire alarm box is installed at an approved location. (17) Section 1104.1 General. Means of egress in existing buildings shall comply with the minimum egress requirements when specified in Table 1103.1 as further enumerated in Sections 1104.2 through 1104.24, and the building code that applied at the time of construction. Where the provisions of this chapter conflict with the building code that applied at the time of construction, the most restrictive provision shall apply. Existing buildings that were not required to comply with a building code at the time of construction shall comply with the minimum egress requirements when specified in Table 1103.1 as further enumerated in Sections 1104.2 through 1104.24. Exception: Means of egress conforming to the requirements of the building code under which they were constructed shall be considered as complying means of egress if, in the opinion of the fire code official, they do not constitute a distinct hazard to life. (18) Section 1104.25. Egress path markings. Existing high-rise buildings of Group A, B, E, I, M and R-1 occupancies shall be provided with luminous egress path markings in accordance with Section 1025 by July 1, 2024. Exception: Open, unenclosed stairwells in historic buildings designated as historic under a state or local historic preservation program. (19) Section 3305.5.1. Fire watch during construction. A fire watch shall be provided during nonworking hours for new construction that exceeds 40 feet (12 192 mm) in height above the lowest adjacent grade at any point along the building perimeter, for new multistory construction with an aggregate area exceeding 50,000 square feet (4645 m2) per story or as  DECEMBER 5, 2023 CITY COMMISSION 20 required by the fire code official. In addition to traditional fire watch, security personnel or remotely monitored detectors is allowed to ensure early notification of fires in large buildings under construction. (20) Section 5704.2.9.6.1. 5704.2.9.6.1 Locations where above ground tanks are prohibited. New bulk plants for storage of Class I and II liquids in above ground tanks outside of buildings are permitted only in areas zoned SD-IT, unless the Fire Code Official modifies this requirement in writing. All above ground storage tanks shall comply with the provisions of NFPA 30, Flammable and Combustible Liquids, the most current edition. (21) Section 5706.2.4.4. 5706.2.4.4 Locations where above ground tanks are prohibited. The storage of Class I and Class II liquids in above ground storage tanks is permitted only in areas zoned SD-IT, unless the Fire Code Official modifies this requirement in writing. (22) Section 5806.2. 5806.2 Limitations. The storage of flammable cryogenic fluids in stationary containers is permitted only in areas zoned SD-IT, unless the Fire Code Official modifies this requirement in writing. (23) Section 6104.2. 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 500 gallons or two hundred ten pounds gas capacity. Exception: In particular installations this capacity limit shall be determined by the Fire Code Official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed LP-gas containers, degree of fire protection to be provided and capabilities of the local fire department. The Fire Code Official may require plans to be submitted prior to allowing an increased capacity limit. (24) Section J101.1 Scope. Where required by the Fire Code Official due to the size, height, complex layout, fire protection features, or use of a structure, or due to historic response activity, new and existing buildings shall have a building information sign(s) that comply with Sections J101.1.1 through J101.7. Exceptions: 1. Group U occupancies. 2. One- and two-family dwellings. (25) Section J101.8 Sign classification maintenance, building information. Sign maintenance shall comply with each of the following: 1. Fire departments in the jurisdiction shall define the designations to be placed with the sign. 2. The owner of a building shall be responsible for the maintenance and updates to the sign in accordance with fire department designations.”  21 CITY COMMISSION DECEMBER 5, 2023 ORDINANCES 93111 Result: Adopted. Mover: Moody. Supporter: O’Connor. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight AN ORDINANCE AMENDING SECTIONS 4.1 AND 4.2 OF SALARY ORDINANCE 2022-33 ORDINANCE NO. 2023 - 52 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Sections 4.1 and 4.2 of Salary Ordinance 2022-33, be amended to read as follows: “Section 4.1. Professional and Clerical Group: 124 Retirement Services Specialist 13 146 Clerk IV (Assessor’s) 07 149 Administrative Aide 04 218 Contract Administrator 11 334 Special Events Coordinator 10 335 Skilled Trades Recruiter 14 525 Loan Analyst 12 536 Indigent Defense Coordinator 11 539 Training & Organizational Development Manager 15 540 Risk Management Assistant 08 541 Safety Technician 10 542 Liability Risk Management Analyst 11 592 Surplus Asset Coordinator 10 602 Internal Auditor I 13 604 Plans Examiner 13 612 Budget Analyst – Specialty Level A 12 622 Administrative Analyst I 11 624 Buyer 10 632 Budget Analyst – Specialty Level B 14 636 Equal Opportunity Specialist 12 637 Fair Housing Officer 12 645 Human Resources Analyst 12 652 Budget Analyst – Specialty Level C 16 671 Engineering Services Administrator 16 709 Recreation Program Coordinator 03 717 Economic Development Coordinator I 14 737 Business Developer 14 731 Home Ownership Advocate 16 741 Telecommunications Specialist 10 808 Crime Lab Specialist 14 809 Emergency Management Administrator 15  DECEMBER 5, 2023 CITY COMMISSION 22 Section 4.2. Managerial and Supervisory Professional Group: 101 FMS Subject Matter Expert 01SME 102 Financial Systems Analyst 13 110 Accounts Payable Manager 15 114 Payroll Supervisor 12 115 Financial Systems Administrator 17 117 Deputy City Treasurer 20 118 Records Manager 15 127 Performance & Management Reporting Specialist 14 141 Partnerships and Development Coordinator 10 148 Deputy City Clerk 17 234 Social Worker 14 329 Special Events Supervisor 13 336 Parks Maintenance Supervisor 11 337 Materials Resource Planning Supervisor 10 338 Utility Maintenance Supervisor 12 339 Cemetery Supervisor 11 341 Parking Meter Operations Supervisor 14 342 Parking Facility Supervisor 14 344 Parking Operations Superintendent 16 345 Parking Services Shift Supervisor 10 346 Inventory and Asset Manager 15 348 Wastewater Operations and Maintenance Supervisor 14 349 Wastewater/Stormwater Maintenance Superintendent 17 350 Collection System Asset Supervisor 14 351 Wastewater Plant Supervisor 17 352 Wastewater Technical Control Supervisor 14 353 Utility Supervisor 14 354 Traffic System Engineer 16 355 Utilities Field Operations Supervisor 14 357 Building Maintenance Supervisor I 9 358 Building Maintenance Supervisor II 11 359 Facilities Maintenance Superintendent 17 360 Facilities Maintenance Supervisor 14 362 Water Distribution Shift Supervisor 10 363 Forester 13 364 Forestry Supervisor 13 365 Signal & Lighting Supervisor 14 367 Signal & Lighting Superintendent 17 368 Utilities Field Operations Superintendent 17 370 Streets & Sanitation Supervisor 12 371 Public Services Supervisor 13 375 Equipment Maintenance Supervisor 12 376 Equipment Maintenance Superintendent 17 381 Public Services Manager 18  23 CITY COMMISSION DECEMBER 5, 2023 453 Fleet Equipment Manager 12 496 Stormwater Manager 18 497 Wastewater Plant Shift Supervisor 10 498 Wastewater Lab Superintendent 14 515 Sign Shop Supervisor 09 518 Sign Supervisor 10 528 Housing Inspections Administrator 16 529 Code Compliance Administrator 18 530 Housing Inspections Supervisor 13 532 Code Compliance Supervisor 14 533 Development Center Administrator 16 534 Assistant Code Compliance Director 20 548 Special Events Manager 18 549 Assistant Mobile GR Director 20 551 City Transportation Engineer 18 552 Transportation Planning Supervisor 13 556 Debt and Authority Finance Officer 17 557 Equal Opportunity Officer 14 558 Information Systems Coordinator 15 559 GIS Manager 18 560 311 Customer Service Manager 18 561 Assistant Information Technology Director 20 562 Network and Operations Administrator 18 565 CRM Systems Administrator 16 571 Customer Service Community Liaison 11 591 Financial Analyst III 18 594 Income Tax Compliance Supervisor 14 595 Income Tax Operations Supervisor 14 598 Financial Analyst II 15 600 Administrative Services Officer I 16 601 Community Services Administrator 13 606 Accountant II 12 607 Financial Analyst 12 609 Income Tax Examination Supervisor 14 611 Internal Auditor II 16 614 Information Technology Manager 18 615 Assistant City Assessor 17 620 Senior Buyer 15 621 Administrative Analyst I – Accounting 11 626 Administrative Services Officer II 18 631 Deputy City Assessor 18 633 Utility Financial Officer 18 635 Contract Compliance Officer 12 638 Communications Manager 18 639 Customer Service Administrator 16 640 Housing Development Officer 18  DECEMBER 5, 2023 CITY COMMISSION 24 641 Administrative Analyst II 16 642 Administrator – Office Children Youth Families 16 646 Senior Human Resources Analyst 14 647 Senior Electrical Engineer 15 650 Project Engineer 15 651 Senior Project Engineer 17 653 Building Inspections Supervisor 13 656 Utilities System Manager 20 660 Wastewater Plant Superintendent 18 663 Water Filtration Plant Superintendent 18 664 Hydraulic Engineer 17 666 Building Inspections Administrator 16 672 Facilities Project Engineer Coordinator 18 676 Environmental Assessment Supervisor 17 677 Athletic Supervisor 10 687 Golf Course Manager 10 688 Recreation Supervisor 13 689 Marketing and Program Specialist 10 701 Recreation Program Technical Supervisor 07 705 Planning Supervisor 13 712 Recreation Center Supervisor 10 714 Parks Superintendent 18 715 Recreation Superintendent 18 716 Recreation Services Specialist 16 721 Assistant Building Official 15 722 Housing Rehab Supervisor 14 723 Community Development Officer 14 725 Building Official 18 728 Assistant Community Development Director 20 729 Assistant Economic Development Director 20 732 Business Advocate 18 733 Real Property Manager 16 735 Economic Development Coordinator II 17 738 Minority Business Enterprise Advocate 18 740 Telecommunications Administrator 17 824 Emergency Management Specialist 11 840 Forensic Services Manager 15 910 Business Manager 13 911 Construction Inspection Supervisor 13 915 Assistant Project Manager 15 916 Engineering Design Services Supervisor 13 917 Project Manager 18” Section 2. That all Ordinances in conflict herewith are repealed.  25 CITY COMMISSION DECEMBER 5, 2023 Result: Adopted. Mover: Moody. Supporter: Robbins. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give Ordinance immediate effect. DOCUMENTS FILED 93112 Result: Received and Filed. Designation of James Ouzts, Environment Services Manager, to enforce Municipal Civil Infractions relating to Chapter 32 of the City Code. 93113 Result: Received and Filed. Designation of James Ouzts, Environment Services Manager, to enforce Municipal Civil Infractions relating to Chapter 67 of the City Code. 93114 Result: Received and Filed. Designation of James Ouzts, Environment Services Manager, to enforce Municipal Civil Infractions relating to Chapter 27 of the City Code. 93115 Result: Received and Filed. Document received from Gloria Vaughan regarding noise concerns in Plaza Towers. 93116 Result: Received and Filed. Document received from Carly Visser regarding noise concerns in Plaza Towers. 93117 Result: Received and Filed. Document received from Dan Hibma regarding noise concerns in plaza towers. ADJOURNMENT Commission adjourned at 3:03 PM JOEL H. HONDORP City Clerk