City Commission Meeting

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, September 6, 2022 CALL TO ORDER Commission was called to order by Mayor Rosalynn Bliss at 7:00 PM ROLL CALL Present: Mayor Bliss, Commissioner Lenear, Commissioner O’Connor, Commissioner Jones, Commissioner Ysasi, Commissioner Moody Absent: Commissioner Reppart The roll was called by the City Clerk. Result: Adopted. Mover: O’Connor. Supporter: Lenear. Yeas: Bliss, Lenear, O’Connor, Jones, Ysasi, Moody Absent: Kurt Reppart Motion to excuse Commissioner Kurt Reppart APPROVAL OF MINUTES On the motion of Com. Jon O’Connor, supported by Com. Joseph D. Jones, the reading of the minutes of the Regular Session of August 23, 2022 was waived and said minutes were Accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 91969 Result: Received and Filed. Communication received from Matthew Wikander, CEO of Smith, Haughey, Rice & Roegge, describing recent events risking health, safety, and business climate. REPORTS OF CITY OFFICERS 91970 Result: Received and Filed. Treasurer’s report for the period of August 10, 2022 through August 25, 2022. 91971 Result: Received and Filed. Comptroller’s report for the period of August 10, 2022 through August 23, 2022 in the amount of $55,753,500.09. CONSENT AGENDA 1  SEPTEMBER 6, 2022 CITY COMMISSION 2 A. CONSENT AGENDA APPROVAL 91972 Result: Adopted. Mover: O’Connor. Supporter: Jones. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 91973 Result: Adopted. Mover: O’Connor. Supporter: Jones. RESOLVED, that Mayor Bliss’ appointment of Mirabel Fonyuy-Emenei to the Community Relations Commission for the remainder of a three-year term ending January 2, 2023, be confirmed. 91974 Result: Adopted. Mover: O’Connor. Supporter: Jones. RESOLVED, that Mayor Bliss’ appointment of Aaron Jonker to the Community Relations Commission for the remainder of a three-year term ending January 2, 2023, be confirmed. C. FISCAL COMMITTEE 91975 Result: Adopted. Mover: O’Connor. Supporter: Jones. RESOLVED that an Award, in a form to be approved by the City Attorney, between the City of Grand Rapids and the FEMA Building Resilient Infrastructure and Communities, Award # EMC-2020-BR-154-0006 in the amount of $117,652.50, is hereby approved and the Mayor is hereby authorized to execute same on behalf of the City. 91976 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS the Annual Tree Lighting Event has become a family tradition in the City of Grand Rapids; and WHEREAS the City of Grand Rapids has a vested interest and commitment to events as a component of its Economic Prosperity and Affordability goals; and WHEREAS Whole Foods is a new business located within the City of Grand Rapids dedicated to collaboration, equity, and serving the whole community; and WHEREAS the City of Grand Rapids will use the funding to support accessibility, equity, and collaboration at a City-Sponsored event.  3 CITY COMMISSION SEPTEMBER 6, 2022 RESOLVED: Approval to receive the Whole Foods sponsorship of the Annual Tree Lighting Event on December 2, 2022, in the amount of $3,500. 91977 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS: 1. Grand Rapids Community College (GRCC) was awarded $500,000 to lead workforce development collaborations with the City of Grand Rapids, Bay de Noc Community College (Bay College), and the local school system to address the emerging employment needs of water and sewer utilities; and 2. The City is eligible to receive $164,409 for all allowable costs expended during the grant period that began in January 2022 and ends in December 2024; and 3. This partnership with GRCC and Bay College is an innovative and collaborative approach to tackling complex issues that public utilities are facing nationwide; therefore RESOLVED: 1. That the City’s Commission authorize the three-year Memorandum of Understanding (MOU) with GRCC to develop and implement the Water Career Program; and 2. That the Mayor is authorized to execute the MOU upon approval as to form by the City Attorney. 91978 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS: 1. It is necessary to supplement the project budget for Reconstruction of Division Avenue from Fulton Street to Michigan Street by transferring previously approved budget amounts of $264,299 from the Capital Improvement Bonds Series 2021 Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $264,299 for Reconstruction of Division Avenue from Fulton Street to Michigan Street be approved and the Budget Office is authorized to execute the transfer on behalf of the City.  SEPTEMBER 6, 2022 CITY COMMISSION 4 91979 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS: 1. On June 21, 2022 (Proceeding No. 91802), the City Commission approved awarding a contract to Hillard Electric, Inc. and authorizing expenditures in connection with the project Emergency Generator Replacement at Various Fire Stations. 2. It is necessary to supplement the project budget for Emergency Generator Replacement at Various Fire Stations by transferring previously approved budget amounts of $586,274.82 from a Capital Improvement Fund Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $586,274.82 for Emergency Generator Replacement at Various Fire Stations be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 91980 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS, the Grand Rapids City Commission hereby determines that the Breton Grove II project is qualified for, and should be granted, the exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements, as provided in the State Housing Development Authority Act; therefore RESOLVED: 1. That pursuant to Section 15(a) of the State Housing Development Authority Act and Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the City Commission hereby conditionally approves, subject to the receipt of the “Notification to Local Assessor of Exemption” from the Michigan State Housing Development Authority, an exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements for the Breton Grove II Limited Dividend Housing Association Limited Partnership, and its successors and assigns, for the following parcel of property: Part of the East 1/2 of the Southeast 1/4 of Section 21 commencing at the Southeast corner of said section; thence North 1D 58M 00S West along the East section line 974.61 feet; thence South 88D 02m 00S West 561.93 feet; thence Southwesterly 5.07 feet along a 467.0 foot radius curve to the left the long chord of which bears South 87D 43M 16S West 5.07 feet, to  5 CITY COMMISSION SEPTEMBER 6, 2022 the beginning of this description: thence Southwesterly 244.52 feet along a 467.0 foot radius curve to the left the long chord bears South 72D 24M 41S West 241.74 feet; thence South 57D 24M 42S West 318.34 feet; thence Southwesterly 247.30 feet along a 333.0 foot radius curve to the right, the long chord of which bears South 78D 41M 11S West 241.65 feet to the East 1/8 line; thence South 2D 01M 56S East along the East 1/8 line 250.99 feet to a point which is 410.04 feet North 2D 01M 56S West along the East 1/8 line from the South section line; thence South 89D 53M 00S East parallel with the South section line 360.64 feet; thence South 0D 01M 00S East 34.76 feet to the North line of the South 375 feet of East 1/2 of the SE 1/4 of said section; thence South 89D 53M 00S East along said north line 703.27 feet to the West line of the East 250 feet of Southeast 1/4; thence South 1D 58M 00S East along said West line 25.0 feet to North line of the South 350 feet of the Southeast 1/4; thence South 89D 53M 00S East along said North line 185.0 feet to the East line of Breton Ave; thence North 1D 58M 00S West along the East line of said Avenue 55.0 feet to the North line of the South 405 feet of said Southeast 1/4; thence North 89D 53M 00S West along said North line 392.61 feet; thence Northwesterly 58.77 feet along a 185.0 foot radius curve to the right the long chord of which bears North 80D 47M 00S West 58.52 feet; thence Northwesterly 53.78 feet along a 215.0 foot radius curve to the left the long chord of which bears North 78d 50M 56S West 53.64 feet; thence North 1D 58M 00S West 529.41 feet to beginning. All in Section 21, Town 6 North, Range 11 West, City of Grand Rapids, Kent County, Michigan. 7.39A Permanent Parcel Number: 41-18-21-485-022 Commonly known as 2400 43rd Street, SE for a term not to exceed forty-five (45) years, provided however, upon verification by the owner to the City of a different term of federal or Authority-aided mortgage, the tax exemption shall be for the term of the actual assistance, not to exceed fifty (50) years. The tax exemption shall be effective on the December 31 immediately succeeding the receipt of the "Notification to Local Assessor of Exemption" from the Michigan State Housing Development Authority for said parcels. Notwithstanding the provisions of Section 15(a)(5) of the State Housing Development Authority Act to the contrary, a contract to provide tax exemption and accept payment in lieu of taxes, as previously described, between the City of Grand Rapids and the Breton Grove II Limited Dividend Housing Association Limited Partnership, with the Michigan State Housing Development Authority as third party beneficiary under this contract, is effectuated by the adoption of this resolution; and 2. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall pay a service charge in the amount equal to one percent (1%) of the annual shelter rental receipts for the rent restricted units occupied by low-income families and their pro-rated share  SEPTEMBER 6, 2022 CITY COMMISSION 6 of land and improvements (“Annual Shelter Rent”), in addition to making an annual contribution to the City of Grand Rapids’ Affordable Housing Fund in an amount equal to two percent (2%) of Annual Shelter Rent; and if the annual contribution to the Affordable Housing Fund is not made, the service charge shall revert to four percent (4%) of Annual Shelter Rent; and 3. That, if the project is occupied by other than low income persons or families, that portion of the project shall pay a service charge equal to the full amount of the taxes that would be paid on that portion of the project if the project were not tax exempt, as provided by the Michigan State Housing Development Authority Act; and 4. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall annually file with the City Assessor before August 1st a complete set of audited financial statements for each previous calendar year, as requested. 91981 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS, the Grand Rapids City Commission hereby determines that the Metropolitan Park Apartments project is qualified for, and should be granted, the exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements, as provided in the State Housing Development Authority Act; therefore RESOLVED: 1. That pursuant to Section 15(a) of the State Housing Development Authority Act and Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the City Commission hereby conditionally approves, subject to the receipt of the “Notification to Local Assessor of Exemption” from the Michigan State Housing Development Authority, an exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements for the Metropolitan Park Limited Dividend Housing Association Limited Partnership and its successors and assigns, for the following parcel of property: W 38 FT OF LOT 3 BLK 5 ALSO LOT 4 BLK 5 ALSO ALL THAT PART OF LOT 5 BLK 5 LYING E OF E LINE IONIA AVE ALSO N ½ OF VAC ALLEY ADJ ON THE S ALSO PART OF LOTS 17,18, & E 17 FT OF LOT 16 BLK 5 WHICH LIES NLY OF A LINE DESC AS COM AT A PT WHICH IS 24.45 FT S OF NW COR OF SD E 17 FT OF LOT 16 TH SELY TO A PT ON E LINE OF SD LOT 17 WHICH IS 25 FT S OF NE COR OF SD LOT 17 TH SELY TO A PT ON E LINE OF SD LOT 18 WHICH IS 40.64 FT S OF NE COR OF SD LOT 18 ALSO S ½ OF VAC ALLEY ADJ ON THE N *  7 CITY COMMISSION SEPTEMBER 6, 2022 ELLSWORTH ADDITION SPLIT ON 01/23/2006 FROM 41-13-25-485-001, 41-13-25-485-003; Parcel Number: 41-13-25-485-006 Commonly known as 350 Ionia Avenue, SW for a term not to exceed fifteen (15) years, provided however, upon verification by the owner to the City of a different term of federal or Authority-aided mortgage, the tax exemption shall be for the term of the actual assistance, not to exceed fifty (50) years. The tax exemption shall be effective on the December 31 immediately succeeding the receipt of the "Notification to Local Assessor of Exemption" from the Michigan State Housing Development Authority for said parcels. Notwithstanding the provisions of Section 15(a)(5) of the State Housing Development Authority Act to the contrary, a contract to provide tax exemption and accept payment in lieu of taxes, as previously described, between the City of Grand Rapids and the Metropolitan Park Limited Dividend Housing Association Limited Partnership with the Michigan State Housing Development Authority as third party beneficiary under this contract, is effectuated by the adoption of this resolution; and 2. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall pay a service charge in the amount equal to one percent (1%) of the annual shelter rental receipts for the rent restricted units occupied by low-income families and their pro-rated share of land and improvements (“Annual Shelter Rent”), in addition to making an annual contribution to the City of Grand Rapids’ Affordable Housing Fund in an amount equal to two percent (2%) of Annual Shelter Rent; and if the annual contribution to the Affordable Housing Fund is not made, the service charge shall revert to four percent (4%) of Annual Shelter Rent; and 3. If the project is occupied by other than low income persons or families, that portion of the project shall pay a service charge equal to the full amount of the taxes that would be paid on that portion of the project if the project were not tax exempt, as provided by the Michigan State Housing Development Authority Act; and 4. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall annually file with the City Assessor before August 1st a complete set of audited financial statements for each previous calendar year, as requested. 91982 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS, the Grand Rapids City Commission hereby determines that the Weston Apartments project is qualified for, and should be granted, the exemption from all property taxes attributable to the rent restricted residential  SEPTEMBER 6, 2022 CITY COMMISSION 8 units occupied by low-income families and their pro-rated share of land and improvements, as provided in the State Housing Development Authority Act; therefore RESOLVED: 1. That pursuant to Section 15(a) of the State Housing Development Authority Act and Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the City Commission hereby conditionally approves, subject to the receipt of the “Notification to Local Assessor of Exemption” from the Michigan State Housing Development Authority, an exemption from all property taxes attributable to the rent restricted residential units occupied by low-income families and their pro-rated share of land and improvements for the 44 Ionia Limited Dividend Housing Association Limited Partnership and its successors and assigns, for the following parcels of property: Parcel 1 LOTS 7, 9 & 11 ALSO W 1/2 OF VAC ALLEY ADJ SD LOTS ON E ALSO W 6 FT OF S 150 FT OF E 1/2 OF SD VAC ALLEY* KENT PLAT SPRING STREET Parcel Number: 41-13-25-430-002 Commonly known as 21 Weston Street, SW Parcel 2 LOTS 14, 16 & 18* KENT PLAT PRAIRIE STREET Parcel Number: 41-13-25-435-001 Commonly known as 44 Ionia Avenue, SW for a term not to exceed forty-five (45) years, provided however, upon verification by the owner to the City of a different term of federal or Authority-aided mortgage, the tax exemption shall be for the term of the actual assistance, not to exceed fifty (50) years. The tax exemption shall be effective on the December 31 immediately succeeding the receipt of the "Notification to Local Assessor of Exemption" from the Michigan State Housing Development Authority for said parcels. Notwithstanding the provisions of Section 15(a)(5) of the State Housing Development Authority Act to the contrary, a contract to provide tax exemption and accept payment in lieu of taxes, as previously described, between the City of Grand Rapids and the 44 Ionia Limited Dividend Housing Association Limited Partnership with the Michigan State Housing Development Authority as third party beneficiary under this contract, is effectuated by the adoption of this resolution; and 2. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall pay a service charge in the amount equal to one percent (1%) of the annual shelter rental receipts for the rent restricted units occupied by low-income families and their pro-rated share  9 CITY COMMISSION SEPTEMBER 6, 2022 of land and improvements (“Annual Shelter Rent”), in addition to making an annual contribution to the City of Grand Rapids’ Affordable Housing Fund in an amount equal to two percent (2%) of Annual Shelter Rent; and if the annual contribution to the Affordable Housing Fund is not made, the service charge shall revert to four percent (4%) of Annual Shelter Rent; and 3. If the project is occupied by other than low income persons or families, that portion of the project shall pay a service charge equal to the full amount of the taxes that would be paid on that portion of the project if the project were not tax exempt, as provided by the Michigan State Housing Development Authority Act; and 4. That pursuant to Article 5, Chapter 9 of Title I of the Code of the City of Grand Rapids, the project shall annually file with the City Assessor before August 1st a complete set of audited financial statements for each previous calendar year, as requested. 91983 Result: Adopted. Mover: O’Connor. Supporter: Jones. RESOLVED: 1. That the City Commission authorizes acceptance of a grant award in the amount of $44,800 for acquisition of Plaza Roosevelt (TF21-0049); and 2. That an agreement between the City of Grand Rapids and Michigan Department of Natural Resources be approved, and the Mayor is authorized to execute said agreement, documents for acquisition, and amendments upon approval as to form by the City Attorney; and 3. That the City will appropriate all funds necessary to complete the project during the project period and to provide at least $44,800 (50%) to match the grant; and 4. That the local match will be paid from the Parks Millage fund. 91984 Result: Adopted. Mover: O’Connor. Supporter: Jones. RESOLVED: 1. That the City Commission authorizes acceptance of a grant award for development of River Edges Trail – Leonard to Ann Segment 1 (TF21-0024) in the amount of $300,000; the Project Agreement estimated total project cost of $1,382,200 and estimated local match of $1,082,200 is approved; and 2. That the City Commission authorizes acceptance of a grant award for development of River Edges Trail – Leonard to Ann Segment 2 (TF 21- 0025) in the amount of $300,000, and the Project Agreement estimated total  SEPTEMBER 6, 2022 CITY COMMISSION 10 project cost of $1,191,900 and estimated local match of $891,900 is approved; and 3. That the City Commission authorizes acceptance of a grant award for development of River Edges Trail – Leonard to Ann Segment 4 (TF21-0028) in the amount of $300,000, and the Project Agreement estimated total project cost of $1,387,200 and estimated local match of $1,087,200 is approved; and 4. That expenditures are authorized in an amount not to exceed estimated total costs for each project as indicated above and the City will appropriate all funds necessary to complete each project during the project period that concludes on July 31, 2024; and 5. That the Michigan Department of Natural Resources will reimburse the City 22% of eligible expenses incurred for Segment 1 and Segment 4 and 25% for Segment 2 in an amount not to exceed $300,000 each, and the City will provide a matching amount of 78% of actual total project costs for Segment 1 and 4 and 75% for Segment 2 as indicated above, with source of said funds to be a combination of public and private funds, including the Parks Millage Fund; and 6. That Michigan Natural Resources Trust Fund Development Project Agreements between the City of Grand Rapids and Michigan Department of Natural Resources be approved; and the Mayor is authorized to execute said Agreements, related documents and amendments upon approval as to form by the City Attorney 91985 Result: Adopted. Mover: O’Connor. Supporter: Jones. 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. Granicus, LLC One-year term contract with Granicus for continued annual subscription services for the total “not-to-exceed” amount of $45,001.26. 2. Kone, Inc. Otis Elevator Company Elevator Services, LLC One-year term extension for elevator parts and repair services as follows:  11 CITY COMMISSION SEPTEMBER 6, 2022 Vendor Annual Amount Kone, Inc. $25,000.00 Otis Elevator Company $95,000.00 Elevator Services, Inc. $110,000.00 The total annual “not-to-exceed” amount for all contracts is $230,000.00. 3. Soundscape Consulting, LLC One-year term contract with two, one-year renewal options for “as needed” noise pollution consulting services for the Environmental Services Department from Soundscape Consulting LLC (dba Soundscape Engineering) for the annual not-to-exceed amount of $35,000.00; the estimated three-year total amount is $105,000.00. 4. West Michigan Janitorial One-year term contract with two, one-year renewal options for complete janitorial services for the Facilities Management Department (for various City buildings) and for the Parks and Recreation Department (for restrooms at various Parks) from West Michigan Janitorial for an annual “not-to- exceed” amount of $1,352,000.00; the estimated three-year total amount is $4,056,000.00. FURTHER RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors: 5. Midwest Tree Service Tree removal and stump grinding services at various locations throughout the City for the Parks Department from Midwest Tree in the amount of $130,590.50. Due to possible weather-related events, an additional 10% contingency amount of $13,059.00 is also requested for any additional unforeseen circumstances or additional services that may arise performing services; if needed, the contingent amount would be applied as applicable, for a total not-to-exceed amount of $143,649.50. 6. Compass Minerals One-year term contract through a cooperative purchase through the KCRC for a one-year term contract for the purchase and delivery of bulk road salt, at a unit cost of $70.59 per ton, for the Department of Public Works from Compass Minerals for an annual “not-to-exceed” amount of $458,835.00. 7. Kennedy Industries Original Equipment Manufacturer (O.E.M.) authorized distributor is recommended for the purchase of four (4) O.E.M. Watson-Marlow Bredel pump assemblies for the Lake Filtration Plant from Kennedy Industries for the total not-to-exceed amount of $36,315.00. 8. AIS Construction Equipment Original Equipment Manufacturer (O.E.M.) authorized repair facility is  SEPTEMBER 6, 2022 CITY COMMISSION 12 recommended for replacement parts and repair services on a JD loader #644H for the Fleet Management Department from AIS Construction Equipment for the total amount of $21,745.96. 9. AIS Construction Equipment Cooperative purchase through the State of Michigan MiDEAL Contract #071B7700090 is recommended for the purchase of a towable air compressor unit for the Fleet Management Department from AIS Construction Equipment for $33,520.00. 10. Michigan Ammo, LLC Purchase of training supplies is recommended for the Police Department from Michigan Ammo LLC for the total amount of $33,000.00. 11. Signature Ford Lincoln Cooperative purchase through the State of Michigan MiDEAL Contract #071-B7700180 is recommended for the purchase of thirty-four (34) 2023 Ford PI utility vehicles for the Fleet Management Department from Signature Ford-Lincoln (dba Owosso Motors Inc.) for the total amount of $1,522,350.00. 12. Duo Security One-year term contract with two, one-year renewal options for continued O.E.M. Duo licensing and support services for the Police Department (in conjunction with I.T.) from Duo Security for the first-year annual “not-to- exceed” amount of $27,300.00; renewal options for the second and third contract years will be executed at the amounts provided by Duo. At this time the estimated three-year total amount is $81,900.00. 13. Escape Velocity Holding, Inc. One-year term contract with two, one-year renewal options for annual O.E.M. maintenance and support services for VMWare and Veeam solutions from Escape Velocity Holdings (dba Trace3) for the first year annual “not-to-exceed” amount of $65,309.00; renewal options for the second and third years will be processed as per the costs received from Escape Velocity Holdings. At this time the estimated three-year total amount is approximately $195,927.00. D. COMMUNITY DEVELOPMENT COMMITTEE 91986 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS: On July 26, 2022, the City Commission established the Special Assessment Nuisance Roll 8772. On October 4, 2022, the City Commission will sit as Board of Review to hear appeals on the Special Assessment Nuisance Roll 8772.  13 CITY COMMISSION SEPTEMBER 6, 2022 The Special Assessment Roll will be available in the City Assessor’s Office in City Hall for ten business days, beginning on August 26, 2022. Property owners affected may file a written appeal at any time up to the adjournment of the October 4th City Commission meeting. RESOLVED: That the City Commission will sit as Board of Review on October 4, 2022, at 7:00 p.m. to hear appeals on the Special Assessment Nuisance Roll 8772. 91987 Result: Adopted. Mover: O’Connor. Supporter: Jones. RESOLVED: 1. That a public hearing be on Tuesday, October 18, 2022 at 7:00 p.m., in the City of Grand Rapids Commission Chambers on the 9 th floor of City Hall, to consider the designation of the 280 Ann, LLC Neighborhood Enterprise Zone as a Neighborhood Enterprise Zone to be located at the property identified as 280 Ann Street NW (PPN 41-13-13-252-004); and 2. That the City Clerk shall give written notice to the Assessor and to the governing body of each taxing unit that levies ad valorem property taxes in the proposed Neighborhood Enterprise Zone and shall publish a notice of the public hearing in The Grand Rapids Press. 91988 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS: 1. The City Commission previously approved the Brownfield Plan (the "Plan") of the City of Grand Rapids Brownfield Redevelopment Authority (the "Authority") December 22, 1998, pursuant to the Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of 1996, as amended, MCL 125.2651 et seq; and 2. The Authority has pursuant to Act 381 approved and recommended an amendment of the Plan for the Lofts on Grove 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  SEPTEMBER 6, 2022 CITY COMMISSION 14 2. That the public hearing be held on Tuesday, October 4, 2022, 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 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. 91989 Result: Adopted. Mover: O’Connor. Supporter: Jones. RESOLVED: 1. That a public hearing be held on Tuesday, October 4, 2022 at 7:00 p.m., in the City Commission Chambers, on the 9th Floor of City Hall, 300 Monroe Avenue NW, in the City of Grand Rapids, to consider the designation of the Lofts on Grove Neighborhood Enterprise Zone as a Neighborhood Enterprise Zone to be located at the properties identified as 1329 Plainfield Avenue NE (PPN 41-14-18-353-046) and 1359 Plainfield Avenue NE (PPN 41-14-18- 353-035); and 2. That the City Clerk shall give written notice to the Assessor and to the governing body of each taxing unit that levies ad valorem property taxes in the proposed Neighborhood Enterprise Zone and shall publish a notice of the public hearing in The Grand Rapids Press. 91990 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS: 1. On March 9, 2021 (Proceeding No. 90612) the City awarded a contract to Kamminga & Roodvoets, Inc. for the following project: Reconstruction of Market Avenue from Williams Street to Fulton Street and Fulton Street from the Grand River to Market Avenue – Relocation of Eastside Trunk Sewer (Contract No. 1) (hereinafter referred to as the “Project”); and  15 CITY COMMISSION SEPTEMBER 6, 2022 2. On March 15, 2022 (Proceeding No. 91493), the City increased expenditures in connection with the project. 3. It is necessary to authorize additional expenditures for the aforesaid contract; therefore RESOLVED: 1. That the total authorization be increased in an amount of $1,400,000 with total expenditures not to exceed $11,308,600 for the Project, which includes the cost of the Construction Contract, Construction Phase Services including Inspection by Progressive AE, Inc. (Progressive), ESD force account, contingencies and, previously authorized services. Said amount of $1,400,000 to be charged to the applicable codes currently defined as follows: $1,366,443 to the applicable Sewer System Fund codes, and $33,557 to the applicable Water System Fund code; and 2. That the City Engineer or his designee is hereby authorized to execute the necessary change order to the aforesaid contract with Kamminga & Roodvoets, Inc. 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. 91991 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS: 1. On November 9, 2021 (Proceeding No. 91197), the City awarded a contract to Pride Builders Group LLC (Pride) for the following project: Improvements to Garfield Park Splashpad (hereinafter referred to as the “Project”); and 2. It is necessary to increase the scope of work and authorize expenditures for the aforesaid contract; therefore RESOLVED: 1. That the scope of work for the contract with Pride, be increased at a cost of $57,500 with total expenditures not to exceed $873,500 which includes the costs of the construction contract and contingencies. Said amount of $873,500 to be charged to the applicable codes currently defined as follows: $300,000 to the Michigan Natural Resources Trust Fund Grant and $573,500 to the applicable Parks Millage Codes. 2. That the City Engineer or his designee is hereby authorized to execute the necessary change order to the aforesaid contract with Pride.  SEPTEMBER 6, 2022 CITY COMMISSION 16 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. 91992 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS, bids were received on August 2, 2022 for the following project: Reconstruction of and Water Main in the Ottawa Avenue/Coldbrook Street/Monroe Avenue Intersection (Decommissioning of Coldbrook Pumping Station) (hereinafter referred to as the “Project”) and Diversco Construction Company Inc. (Diversco) submitted a bid of $4,078,532.30 for which the engineer’s estimate is $2,993,059.75; therefore RESOLVED: 1. That the bid of Diversco Construction Company, Inc. 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; and 2. That total expenditures for the Project be authorized in an amount not to exceed $5,362,000 which includes the costs of the construction contract, previously authorized services by Fishbeck, Thompson, Carr & Huber, Inc. (Fishbeck), construction phase services including inspection by Fishbeck, public information program, traffic signal force account work, administration, and an approximate twelve percent allowance for contingencies. Said amount of $5,362,000 to be charged as follows: $535,300 to the applicable Vital Streets Fund Codes; $4,372,000 to the applicable Water System Fund Codes; $413,700 to the applicable Capital Improvement Fund Codes; and $41,000 to the applicable Sewer System Fund Codes. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. 4. That the City of Grand Rapids, pursuant to Section 1.150-2 of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended, declares its intent to reimburse itself the costs of the Project and other related costs in an amount not to exceed $4,372,000 (Water System Fund) through the issuance of tax-exempt bonds.  17 CITY COMMISSION SEPTEMBER 6, 2022 5. That a copy of this resolution be available for inspection at the City Clerk’s Office, 2nd Floor, City Hall, 300 Monroe Avenue N.W., Grand Rapids, Michigan 49503. 91993 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS, bids were received on August 9, 2022 for the following project: Reconstruction of Jackson Street from Valley Avenue to Garfield Avenue and Jackson Street from Lane Avenue to Jackson Place (hereinafter referred to as the “Project”) and Diversco Construction Company, Inc. (Diversco) submitted a bid of $1,078,802.05 for which the engineer’s estimate is $1,128,442.00; therefore RESOLVED: 1. That the bid of Diversco Construction Company, Inc. 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; and 2. That total expenditures for the Project be authorized in an amount not to exceed $1,500,000.00 which includes the costs of the construction contract, previously authorized design phase services by Moore and Bruggink, Inc. (M&B), construction phase services including inspection by M&B, public information program, administration, and contingencies. Said amount of $1,500,000 to be charged as follows: $491,941 to the applicable Vital Streets Codes; $527,660 to 5911-536-9000-9880-591122065; and $480,399 to 5901-527-9000-9880-590122065. 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; and 91994 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS, bids were received on August 18, 2022 for the following project: Elevator Modernizations at Ottawa-Fulton Parking Structure (hereinafter referred to as the “Project”) and McGraw Construction, Inc. (McGraw) submitted a bid including alternate A1-1 of $2,395,740 for which the engineer’s estimate, prepared by Fishbeck Thompson Carr & Huber, is $1,907,600; therefore  SEPTEMBER 6, 2022 CITY COMMISSION 18 RESOLVED: 1. That the bid of McGraw be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the contract documents for the Project on behalf of the City. 2. That total expenditures for the Project be authorized in an amount not to exceed $2,972,270 which includes the costs of the construction contract, previously authorized design phase services by Fishbeck, construction phase services including inspection by Fishbeck, administration, and contingencies. Said amount of $2,972,270 to be charged to the applicable codes currently defined as follows: $2,972,270 to Code No. 5141-546- 9000-9880-514122059G-9712. 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. 91995 Result: Adopted. Mover: O’Connor. Supporter: Jones. RESOLVED: 1. That the City Commission authorizes a Cost-Sharing Agreement with the City of Wyoming for Construction of Plaster Creek Trail Connection in an amount not to exceed $300,000; and 2. That the Mayor is authorized to execute said Agreement upon approval as to form by the City Attorney; and 3. That the Comptroller is authorized and directed to pay invoices pursuant to the terms of said Agreement. 91996 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS 1. A proposal was received from Prein & Newhof, Inc. (Prein) for construction phase services for the following project: Construction of Plaster Creek Trail Connection (hereinafter referred to as the “Project”) 2. It is necessary to authorize construction phase services in connection with the Project; therefore RESOLVED: 1. That Prein be authorized to proceed with construction phase services in connection with the Project at a cost of $18,800 with total expenditures not  19 CITY COMMISSION SEPTEMBER 6, 2022 to exceed $45,300 which includes the costs of the previously authorized preliminary design phase services, construction phase services including inspection, and administration. Said amount of $45,300 to be charged to the applicable Parks Millage codes. 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 Project. 91997 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS, it is necessary to approve a Construction Agreement, approve a Water Main Oversizing Agreement, and accept a Public Utilities Easement for the construction of public water main facilities in connection with Water Main in East Beltline Avenue and Public Easement (SE) (Centerpointe Redevelopment); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids, and G&I X Centerpoint LLC (Developer), and Water Main Oversizing Agreement with Developer; be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said Agreements on behalf of the City; and 2. That the City Comptroller is hereby authorized and directed to pay Developer the sum of $21,740.40 pursuant to the aforesaid Water Main Oversizing Agreement and that said amount be charged to Code No. 5911- 536-9000-9880-591117096; 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: G&I X Centerpoint LLC $1.00 814 Commerce Drive, Suite 300 Oak Brook, IL 60523 3445 28th Street SE, Parcel No. 41-18-11-376-040 Public Utilities Easement Description: An easement for public utilities located in that part of the Southwest one- quarter of Section 11, Town 6 North, Range 11 West, City of Grand Rapids, Kent County, Michigan, described as, said watermain easement being described as: COMMENCING at the South one-quarter corner of said Section 11; thence North 87°08'54" West 661.23 feet along the South line of said section; thence North 00°00'37" West 151.48 feet along the West line of the East one-half of the East one-half of the Southwest one-quarter of said section;  SEPTEMBER 6, 2022 CITY COMMISSION 20 thence North 87°16'30" West 36.28 feet along the North right-of-way line of Highway M-11 (28th Street, a public right-of-way) to the PLACE OF BEGINNING; thence North 87°16'30" West 28.35 feet along said North right-of- way line; thence North 47°52'01" East 73.08 feet; thence North 42°07'59" West 16.30 feet; thence North 47°52'01" East 20.00 feet; thence South 42°07'59" East 16.30 feet; thence North 47°52'01" East 10.30 feet; thence South 89°49'38" East 27.30 feet; thence North 00°00'00" East 7.61 feet; thence North 12°11'20" West 197.58 feet; thence North 10°31'05" West 188.47 feet; thence North 48°49'30" West 16.59 feet; thence North 87°07'54" West 471.13 feet; thence North 00°05'20" West 20.03 feet along the East right-of-way line of East Beltline Avenue; thence South 87°07'54" East 479.11 feet; thence South 48°49'30" East 5.10 feet; thence North 40°20'21" East 15.21 feet; thence South 49°39'39" East 20.00 feet; thence South 40°20'21" West 15.50 feet; thence South 48°49'30" East 5.39 feet; thence South 10°31'05" East 195.41 feet; thence South 12°11'29" East 199.13 feet; thence South 00°00'00" East 9.80 feet; thence South 89°49'38" East 19.58 feet; thence South 00°10'22" West 20.00 feet; thence North 89°49'38" West 59.14 feet; thence South 47°52'01" West 75.54 feet to the place of beginning. 21,635 square feet 4. That the City Clerk is hereby authorized and directed to record the aforesaid Easement with the Kent County Register of Deeds. 91998 Result: Adopted. Mover: O’Connor. Supporter: Jones. WHEREAS, it is necessary to approve a Construction Agreement and accept a Public Utilities Easement for the construction of public sanitary sewer and water main facilities in connection with Sanitary Sewer and Water Main in Public Easement (SE) Cloverleaf Court (Pvt.) and in Cloverleaf Drive (The Oaks Site Condominium); therefore RESOLVED: 1. That the aforesaid Construction Agreement between the City of Grand Rapids, the City of Kentwood and Cloverleaf Land Investments LLC, be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said Agreement on behalf of the City; and 2. That the City accept a Public Utilities Easement for the construction and maintenance of public utilities from the following property owner, with description of the aforesaid Easement and for the nominal considerations as noted, which were paid by the developer: Cloverleaf Land Investments LLC $1.00 7114 Gladys SE Grand Rapids, MI 49546  21 CITY COMMISSION SEPTEMBER 6, 2022 4392 Cloverleaf Dr SE, Parcel No. 41-18-01-326-016 Public Utilities Easement Description: THAT PART OF THE SW 1/4 OF SECTION 1, T6N, R11W, CITY OF KENTWOOD, KENT COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE NE CORNER OF SAID SW 1/4 ; THENCE S02°34'30"E 212.72 FEET ALONG THE EAST LINE OF SAID SW 1/4; THENCE SOUTHWESTERLY 52.26 FEET ALONG A 50.00 FOOT RADIUS CURVE TO THE RIGHT THE CHORD OF WHICH BEARS S75°26'52"W 49.91 FEET TO THE POINT OF BEGINNING, THE PREVIOUS CALL BEING ALONG THE RIGHT—OF—WAY LINE OF CLOVERLEAF DRIVE; THENCE S42°45'12"W 195.87 FEET; THENCE S35°25'00"E 6.11 FEET; THENCE SOUTHWESTERLY 205.44 FEET ALONG A 321.00 FOOT RADIUS CURVE TO THE RIGHT THE CHORD OF WHICH BEARS S61°41'33"W 201.95 FEET; THENCE S80°01'37"W 78.64 FEET; THENCE NORTHWESTERLY 75.50 FEET ALONG A 61.00 FOOT RADIUS CURVE TO THE RIGHT THE CHORD OF WHICH BEARS N61°50'27"W 70.77 FEET; THENCE S73°03'06"W 3.33 FEET; THENCE N16°56'54"W 20.00 FEET; THENCE N73°03'06"E 3.33 FEET; THENCE NORTHEASTERLY 176.34 FEET ALONG A 61.00 FOOT RADIUS CURVE TO THE RIGHT THE CHORD OF WHICH BEARS N75°18'06"E 121.04 FEET; THENCE SOUTHEASTERLY 31.58 FEET ALONG A 38.50 FOOT RADIUS CURVE TO THE LEFT THE CHORD OF WHICH BEARS S45°23'03"E 30.70 FEET; THENCE NORTHEASTERLY 172.61 FEET ALONG A 271.00 FOOT RADIUS CURVE TO THE LEFT THE CHORD OF WHICH BEARS N61°00'00"E 169.71 FEET; THENCE N42°45'12"E 85.65 FEET; THENCE N00°30'44"W 103.05 FEET; THENCE N61°03'33"E 57.85 FEET; THENCE SOUTHEASTERLY 28.09 FEET ALONG A 175.00 FOOT RADIUS CURVE TO THE LEFT THE CHORD OF WHICH BEARS S57°55'24"E 28.06 FEET; THENCE SOUTHEASTERLY 82.01 FEET ALONG A 50.00 FOOT RADIUS CURVE TO THE LEFT THE CHORD OF WHICH BEARS S27°37'15"E 73.12 FEET, THE PREVIOUS CALL BEING ALONG THE RIGHT—OF—WAY LINE OF CLOVERLEAF DRIVE, TO THE POINT OF BEGINNING. THIS PARCEL CONTAINS 37,036 SQUARE FEET. 3. That the City Clerk is hereby authorized and directed to record the aforesaid Easement with the Kent County Register of Deeds. E. COMMITTEE OF THE WHOLE 91999 Result: Adopted. Mover: O’Connor. Supporter: Jones. 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  SEPTEMBER 6, 2022 CITY COMMISSION 22 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 7. The licensed premises of the licensee are contiguous to the Commons Areas within the designated Social Districts; and 8. The City Commission desires to recommend approval of the Social District Permit application; therefore RESOLVED: 1. That the Social District Permit application from Sepsakos Hospitality, LLC; 47 Monroe Center St NW, is recommended by the City Commission for consideration and approval by the Michigan Liquor Control Commission; and 2. That the City Clerk is authorized and directed to provide the applicant with a certification of this action in the form specified by the Michigan Liquor Control Commission. 92000 Result: Adopted. Mover: O’Connor. Supporter: Jones. RESOLVED that: 1. The attached ordinance amending Chapter 133 of Title VIII of the Code of the City of Grand Rapids entitled “Electrical Code” shall be published as part of the proceedings; and 2. Pursuant to Section 10(b) of Title V of the City Charter, the City Clerk shall publish the attached summary of said ordinance in a newspaper of general circulation in the City; and 3. The proposed ordinance shall subsequently be considered for adoption on October 4, 2022. PUBLIC HEARINGS 92001 Result: Referred to Community Development Committee. Public hearing to consider past performance and future needs of housing and community development programs.  23 CITY COMMISSION SEPTEMBER 6, 2022 DOCUMENTS FILED 92002 Result: Received and Filed. Grand Rapids Times article entitled, "Paul Mayhue says, Don't Do Business With Turn Key" submitted for the public record. ADJOURNMENT Commission adjourned at 8:30 PM JOEL H. HONDORP City Clerk