City Commission - Regular Session

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, July 11, 2023 CALL TO ORDER Commission was called to order by Mayor Rosalynn Bliss at 2:00 PM Commissioner O’Connor left prior to Roll Call. ROLL CALL Present: Mayor Bliss, Commissioner Ysasi, Commissioner Moody, Commissioner Perdue, Commissioner Robbins, Commissioner Knight Absent: Commissioner O’Connor (Excused) The roll was called by the City Clerk. APPROVAL OF MINUTES On the motion of Com. Drew Robbins, supported by Com. Milinda Ysasi, the reading of the minutes of the Regular Session of June 13, 2023 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92677 Result: Received and Filed. Communication received from Lucas Leverett with proposed policy and procedure changes for Grand Rapids city meetings. 92678 Result: Received and Filed. Communications (13) received from Mark Baker, Soft Lights Foundation, regarding LED street lights. 92679 Result: Referred to Committee on Appointments. Communication from Daniel Barcheski regarding their resignation from the Economic Development Corporation and Brownfield Redevelopment Authority. 92680 Result: Received and Filed. Communication received from Janet Zahn and Nate Rauh-Bieri, Grand Rapids Climate Coalition Co-Chairs, sharing concerns with the Community Master Planning process. 92681 Result: Received and Filed. Communication received from ACLU Michigan regarding proposed amendments to Grand Rapids City Code targeting the unhoused. 1  JULY 11, 2023 CITY COMMISSION 2 92682 Result: Received and Filed. Communications (4) received regarding the unhoused and proposed ordinances. REPORTS OF CITY OFFICERS 92683 Result: Received and Filed. Comptroller’s report for the period of May 31, 2023 through June 27, 2023 in the amount of $42,491,748.29. 92684 Result: Received and Filed. Treasurer’s report for the period of June 3, 2023 through June 22, 2023. 92685 Result: Received and Filed. The City Clerk submitted copies of the Police and Fire Retirement System Actuarial Valuation for the year ending December 31, 2022. CONSENT AGENDA A. CONSENT AGENDA APPROVAL 92686 Result: Adopted. Mover: Moody. Supporter: Perdue. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 92687 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED, that Mayor Bliss’ appointment of Richard Winn to the Downtown Improvement District Board for the remainder of a three-year term ending December 31, 2024, be confirmed. 92688 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED, that the City Commission’s appointment of Jordan Cross to the Grand Rapids Police Civilian Appeals Board for the remainder of a two- year term ending May 5, 2025, be approved. C. FISCAL COMMITTEE 92689 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED: 1. That the FEMA AFG Fire Grant Award #EMW-2022-FG-02519 in the amount of $77,116.36 with the required local match of $7,711.64 be accepted; and  3 CITY COMMISSION JULY 11, 2023 2. That a grant agreement between the City of Grand Rapids and FEMA for said FEMA AFG Fire Grant be approved, and the Mayor is authorized to execute said agreement and related documents in a form approved by the City Attorney. 92690 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED: 1. That the City Commission authorizes the acceptance of a grant award in the amount of $2,098.99 for overtime worked by the Grand Rapids Police Department in response to the Michigan State University active shooting incident; and 2. That the grant period is from February 13, 2023 through February 12, 2024; and 3. That a grant agreement between the City of Grand Rapids and the Michigan State Police for said program be approved, and the Mayor is authorized to execute said agreement and related documents in a form approved by the City Attorney; and 4. That the Mayor is authorized to execute agreements, memoranda of understanding, and other related documents for implementation of said program, in a form approved by the City Attorney. 92691 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED: 1. That the City is authorized to enter into a contract for professional services between the City of Grand Rapids and the Boys & Girls Clubs of Grand Rapids Youth Commonwealth for the purpose of providing financial support for the general administrative and managerial activities of the Boys & Girls Clubs of Grand Rapids Youth Commonwealth in return for the Boys & Girls Clubs of Grand Rapids Youth Commonwealth’s assurances that it will use those funds in a manner to meet the public purpose of reducing juvenile crime and delinquency. 2. That the City shall pay the Boys & Girls Clubs of Grand Rapids Youth Commonwealth an amount not to exceed $84,000 in return for said services provided from July 1, 2023 through June 30, 2024. 3. That upon approval as to form by the City Attorney, the Mayor and City Clerk are hereby authorized to execute the agreement.  JULY 11, 2023 CITY COMMISSION 4 92692 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED: 1. That the City is authorized to enter into a contract for professional services between the City of Grand Rapids and the Children’s Advocacy Center for the provision of centralized services to assist and support children victimized by sexual assaults, and to facilitate and assist in investigating alleged sexual assaults of children. 2. That the City shall pay the Children’s Advocacy Center an amount not to exceed $60,000 in return for said services provided from July 1, 2023 through June 30, 2024. 3. That upon approval as to form by the City Attorney, the Mayor and City Clerk are hereby authorized to execute the agreement. 92693 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS, The Better Business Bureau of Western Michigan, of 3330 Claystone Avenue, Grand Rapids, MI 49546, has applied to the Bureau of State Lottery for a 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 432.103a(i)(ii); therefore RESOLVED that the City Commission hereby finds that, to the best of its knowledge, The Better Business Bureau of Western Michigan exists as a non-profit local civic organization which conducts a major portion of its activities within the City of Grand Rapids and, therefore, hereby officially recognizes The Better Business Bureau of Western Michigan as a local civic organization pursuant to MCLA 432.103a(i)(ii). 92694 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED: 1. That the City Commission authorizes a Professional Services Agreement with the National Equity Project for the provision of professional curriculum design and cohort facilitation for an amount not to exceed $43,000; and 2. That the period of performance is from 7/12/2023 to 6/30/2024; and 3. That the Mayor is authorized to execute said Agreement upon approval as to form by the City Attorney; and 4. That the Comptroller is authorized and directed to pay invoices pursuant to the terms of said Agreement.  5 CITY COMMISSION JULY 11, 2023 92695 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED: 1. That the City Commission authorizes a Professional Services Agreement with the African Collaborative Network for the provision of professional curriculum design, facilitation, coordination, and evaluation for an amount not-to-exceed $14,000; and 2. That the period of performance is from 7/17/2023 to 12/31/2023; and 3. That the Mayor is authorized to executive said Agreement upon approval as to form by the City Attorney; and 4. That the Comptroller is authorized and directed to pay invoices pursuant to the terms of said Agreement. 92696 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED: 1. That a contract between the City of Grand Rapids and Mongoose Cadence for communication and engagement service for Our Community’s Children T2C Studio be approved in an amount not to exceed Twelve Thousand Nine Hundred Dollars ($12,900); 2. That the period of performance is from July 1, 2023, through June 30, 2026; and 3. That the Mayor is authorized to execute said contract and related documents upon approval to form by the City Attorney. 92697 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED: 1. That the City of Grand Rapids accepts a grant award in the amount of $198,304 from the Grand Rapids Community Foundation for services by Our Community’s Children T2C Studio for the Challenge Scholars program; and 2. That the period of performance is from July 1, 2023, through June 30, 2024; and 3. That a grant agreement between the City of Grand Rapids and the Grand Rapids Community Foundation be approved, and the Mayor is authorized to execute said agreement and related documents upon approval as to form by the City Attorney.  JULY 11, 2023 CITY COMMISSION 6 92698 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. In 2012, the City of Grand Rapids entered into a Memorandum of Understanding with the Downtown Development Authority and the Monroe North Tax Increment Finance Authority to provide DASH bus shuttle service in the North Monroe area in exchange for covering a portion of the bus infrastructure costs, and 2. All parties agreed to a two-year pilot program that contracted the Interurban Transit Partnership to provide operation, maintenance, and shelter for DASH North buses owned by the City of Grand Rapids, and 3. All parties agreed to a two-year extension of the program in 2015 with an additional 18-month extension in 2017, a revised 1 year MOU in July of 2018 and 4 subsequent 1 year MOU’s with increased funding amounts in June 2019, June 2020, June 2021, and June 2022, and 4. In FY23 The DASH North and DASH West routes were consolidated into a single circulator serving many of the same locations with new hours and an emphasis on providing access to downtown destinations, and 5. All parties wish to extend the agreement to apply to the new DASH route for three years beginning July 1, 2023; therefore RESOLVED: That upon approval as to form by the City Attorney, the Mayor and City Clerk are hereby authorized to enter into a Memorandum of Understanding for the period July 1, 2023 to June 30, 2026 stipulating the City provide DASH services to the North Monroe area, and for the Downtown Development Authority and the Monroe North Tax Increment Finance Authority to provide funding in the amount of $400,000 to support such services. 92699 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS these events are occurring on public property; and WHEREAS these events will provide their own event insurance that meets the terms set forth by the City’s Risk Manager; and WHEREAS these events will provide open and free programming for the community and opportunities for economic development for vendors and performers; and WHEREAS these events and others were significantly impacted operationally and economically by the COVID-19 pandemic; and  7 CITY COMMISSION JULY 11, 2023 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 the United States Government has granted funding to the City of Grand Rapids for economic recovery through the American Rescue Plan Act; and WHEREAS the City of Grand Rapids has set aside a portion of said funding for support of local special events. RESOLVED: 1. That the supplemental General Fund sponsorships to the following organizations in an amount not to exceed the following be approved: Grand Rapids Special Events Sponsorships FY24 Cycle One: July 1 – December 31, 2023 Event Cash (Total) In-Kind (Total) ArtRat’s Saturday Musician’s Co-Op $ 1,000 $1,000 Grand Rapids Foodie Fest $ 3,500 $ 2,400 The Mitten Vintage Market $ 2,000 - Explore Your Parks Community Workshop $ 9,000 - Explore Your Parks Competition Series $ 2,500 - Mid-West Groove & Smooth Jazz Festival $ 7,000 $ 750 for Minority Mental Health Awareness Month Love Where You Live Community Festival $ 5,000 - Cross Country Team Challenge $ 300 $ 300 Watercolors 6 $ 8,500 $ 800 Global Water Fest 2023 $ 7,500 $ 250 Blue Bridge Fundraisers $ 6,000 $ 187 Day of Play $ 3,000 $ 1,000 Grand Rapids Hispanic Festival $16,500 $ 3,250 Regional Mexicana Music Festival $ 4,000 $ 1,375 Party at the Park! $ 5,000 $ 125 Stock da Bar Foundation Festival $ 3,000 $ 1,1375 (Piecing the Community Together) One Peace Festival $ 6,500 $ 125 A Glimpse of Africa, Annual African $15,000 $ 2,000 Cultural Festival 10th Annual Family Fiesta Event $ 5,000 $ 625 Geeks R Unique 501c3 Dream Fest $ 4,000 $ 1,125 Polish Festival 2023 $ 11,500 $ 2,250 Project ESME at MLK Park $ 1,500 - Fiesta Mexicana (Mexican Festival) $ 14,000 $ 2,250 Los Colores de México Midtown Grooves $ 2,500 $ 125 Eastown Shop Hop/Street Fair $ 2,250 $ 1,000 Grand Rapids African American Arts $ 11,500 $ 2,250 and Music Festival Art of Food Festival $ 6,000 $ 1,500 Stop the Hate Unity Walk $ 3,000 $ 1,000 9th Annual West Side Walk for Gilda’s Club $ 1,500 -  JULY 11, 2023 CITY COMMISSION 8 Heart Prize $ 5,000 $ 1,750 Confluence Festival $ 7,000 $ 2,250 Oktoberfest GR $ 5,000 $ 374 Veterans Day 5 $ 2,500 - 2. That the supplemental General Fund sponsorships for the events listed above be approved in a total amount not to exceed $187,550 cash and $31,436 in-kind support. 3. That upon approval as to form by the City Attorney, the Mayor and City Clerk are hereby authorized to execute any necessary agreements. 92700 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED: 1. That the City Commission authorizes a Professional Services Contract with Disability Advocates of Kent County for technical assistance related to ADA compliance and Universal Design for an amount not to exceed $10,000 per fiscal year; and 2. That the period of performance is from July 1, 2023 to June 30, 2024; and 3. That the Mayor is authorized to execute said Contract upon approval as to form by the City Attorney; and 4. That the Comptroller is authorized and directed to pay invoices pursuant to the terms of said Contract. 92701 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS, Grand Rapids Community College expended $140,991.27 for eligible capital equipment purchases for the operation of the Educational portion of Public, Educational and Governmental (PEG) access channels or production of programming for these channels; and WHEREAS, Grand Rapids Public Schools expended $14,000 for eligible capital equipment purchases for the operation of the Educational portion of Public, Educational and Governmental (PEG) access channels or production of programming for these channels; and WHEREAS, appropriated funds for this expenditure have been already received by the City; therefore RESOLVED: That the City of Grand Rapids Comptroller is authorized to reimburse Grand Rapids Community College and Grand Rapids Public Schools for eligible capital equipment purchases for the operation of the Public, Educational and  9 CITY COMMISSION JULY 11, 2023 Governmental (PEG) access channels or production of programming for these channels, in the amount of $154,991.27, distributed as follows: Grand Rapids Community College (GRCC) $140,991.27 Grand Rapids Public Schools (GRPS) $14,000.00 TOTAL: $154,991.27 92702 Result: Adopted. Mover: Moody. 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. Camp & Cruise Kleyn Mobile Repair West Shore Fire, Inc. One-year term contracts with two, one-year renewal options for continued preventative maintenance and repairs for fire rescue equipment and apparatus for the Fire Department for the annual “not-to-exceed” amounts as follows: Vendor Annual Amount Kleyn Mobile Repair $250,000.00 West Shore Fire, Inc. $250,000.00 Camp & Cruise $25,000.00 The estimated three-year total amount for all contracts is $1,575,000.00. The individual contract amounts are based on estimated usage; in order to provide the best value to the City, it is expected that the contract amounts may be adjusted based on actual usage, but will not exceed the total “not- to-exceed” annual amount approved. D. COMMUNITY DEVELOPMENT COMMITTEE 92703 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED that the request to grant Pyrotechnico a Fireworks Discharge Permit to be used in conjunction with the Thomas Rhett concert at the Van Andel Arena on July 29, 2023, is approved, pending an inspection by the Fire Department.  JULY 11, 2023 CITY COMMISSION 10 92704 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED that the request to grant Pyrotecnico Fireworks, Inc. for a Fireworks Discharge Permit to be used in conjunction with the SpartanNash Event at the Ah-Nab-Awen Park on Wednesday, July 26, 2023, is approved, pending an inspection by the Fire Department. 92705 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS, the City of Grand Rapids Mobile GR Department is the implementing agency for the regional traffic signal control system and has obtained federal grant funds to undertake a traffic signal optimization study; therefore RESOLVED: 1. That an agreement between the City of Grand Rapids and Progressive AE, Inc. in connection with the aforesaid project is approved; and 2. That the Mayor and City Clerk are authorized to execute the aforesaid agreement on behalf of the City of Grand Rapids, after approval of same by the City Attorney; and 3. That expenditures are authorized in an amount not to exceed $300,000 to cover the project costs of which the City will be reimbursed $240,000; and 4. That the City Comptroller is hereby authorized and directed to make payment in amounts and to said payees in connection with the aforesaid project from the Vital Streets Capital Fund 4090-519-9000, Major Program 23024G ($240,000) and Major Program 23024 ($60,000). 92706 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. The City of Grand Rapids (“City”) and the State Land Bank Authority (SLBA) entered into a Land Banking Agreement (the “Agreement”) approved by the City Commission on October 8, 2019 (Proceeding 89277) and dated as of December 19, 2019; and 2. Pursuant to the Agreement, the City and SLBA work cooperatively to manage, maintain and dispose of real property located in the City; and 3. On June 21, 2022 via proceeding 91815, the City Commission approved City Commission Policy 900-63 (the “Policy”) which, among other things, sets forth the timelines, objectives, processes, and procedures for preparing property for sale, considering proposals for purchase, and  11 CITY COMMISSION JULY 11, 2023 facilitating disposition of property owned by the SLBA pursuant to the Agreement; and 4. Applications have been submitted for the properties listed below and have been reviewed according to the Policy; and 5. Staff review has determined that the applications are consistent with the requirements of the Policy and the applicant listed below is eligible and qualified to obtain an option to purchase the properties for which they have applied; therefore, RESOLVED: 1. That City authorizes the SLBA to enter into option agreements with House to Home Restorations, LLC a Michigan limited liability company (the “Applicant”), for the specific properties listed below, which are subject to the Agreement, providing the prospective purchaser with a 12-month option period in which to finalize and evidence their ability to undertake the projects defined in its applications: Property Address: 854 First Street NW Parcel Number: 41-13-23-481-004 Purchase Price: $17,000; Property Address: 914 Sherman Street SE Parcel Number: 41-14-32-151-021 Purchase Price: $17,000; Property Address: 546 Neland Avenue SE Parcel Number: 41-14-32-133-002 Purchase Price: $17,000; Property Address: 1624 Lafayette Avenue SE Parcel Number: 41-18-06-326-016 Purchase Price: $17,000; and 2. That upon submission of evidence satisfactory to the City that the Applicant is prepared to undertake the projects described in its applications and exercise of the option agreements, the SLBA is authorized to convey the properties to the Applicant; and 3. That proceeds of sale(s), less fees required to be paid to the SLBA, will be deposited in the Property Management Fund.  JULY 11, 2023 CITY COMMISSION 12 92707 Result: Adopted. Mover: Moody. Supporter: Perdue. 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 a Second Amendment to the Plan for the Steelcase Campus Project (the "Project") identified therein (the "Amendment"); and 3. Before considering approval of the Amendment the City Commission must hold a public hearing in accordance with Act 381; therefore RESOLVED: 1. That a public hearing be held to consider the Amendment to the Plan of the Authority; and 2. That the public hearing be held on Tuesday, July 25, 2023, at 7:00 p.m., in the City Commission Chambers, located on the 9th floor of 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. 92708 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. The City of Grand Rapids (“City”) accepted a grant in the amount of $9,378,000 from the Michigan Strategic Fund (MSF) for the Revitalization and Placemaking (RAP) program and approved seven sub-grant  13 CITY COMMISSION JULY 11, 2023 agreements for individual projects proposed to be funded in part by RAP grant funds on February 7, 2023 via commission proceeding 92317; and 2. In consideration of additional funding awarded since the date of initial approval and in order to effectively implement the RAP grant and assist in closing financing gaps for select projects, the reallocation of funding is necessary; and 3. The City Commission determines that it is in the best interest of the City to remove the Lexington Senior Apartment project from the RAP program and reallocate the funds previously committed to the Lexington Senior Apartments to the MoTown Square Senior Affordable Living project; therefore RESOLVED: 1. That City Commission resolution 92317 dated February 7, 2023 is amended by rescinding the grant award of $895,000 and approval of a subgrant agreement for the Lexington Senior Apartments project; and 2. That City Commission resolution 92317 dated February 7, 2023 is further amended by increasing the grant award for the MoTown Square Senior Affordable Living project from $990,000 to $1,885,000 with no change to the overall funding of the RAP program; and 3. That all resolutions or parts of resolutions in conflict herewith are hereby rescinded. 92709 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS, a Qualification Based Selection Process was used to receive a proposal for pre-construction services on May 4, 2023 for the following project: Replacement of the South Intake Crib Chlorine Line at the Lake Michigan Filtration Plant (hereinafter referred to as the “Project”) Freedom Construction and Consulting Inc. (Freedom) submitted a proposal of $90,361. RESOLVED: 1. That the proposal of Freedom be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the professional services agreement for the Project on behalf of the City. 2. All resolutions or parts of resolutions in conflict herewith shall be, and the same are, rescinded.  JULY 11, 2023 CITY COMMISSION 14 3. That expenditures for the Project be authorized in an amount not to exceed $178,035 which includes the Professional Services Agreement (pre- construction services), previously authorized design services by Fishbeck, administration, and contingencies. Said amount of $178,035 to be charged to the applicable codes currently defined as Code No. 5910-536-6510- 8010. 4. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. 92710 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS, bids were received on June 13, 2023 for the following project: Reconstruction of Milton Street from Carlton Avenue to Norwood Avenue (hereinafter referred to as the “Project”) And Lodestar Construction Inc (Lodestar) submitted a bid of $577,726 for which the engineer’s estimate, is $720,467; therefore RESOLVED: 1. That the bid of Lodestar 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 $883,922 which includes the costs of the construction contract, previously authorized design phase services by Fishbeck, Thompson, Carr & Huber, Inc., previously authorized services by Materials Testing Consultants, Inc. (MTC), public information program, testing/permitting, engineering/inspection/administration, and twelve percent allowances for contingencies. Said amount of $883,922 to be charged to the applicable Water System Fund, Sewer System Fund, and Vital Streets Fund codes. 3. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. 92711 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS, bids were received on June 8, 2023 for the following project: Replacement of Central Clock System at City Hall and County Building (hereinafter referred to as the “Project”)  15 CITY COMMISSION JULY 11, 2023 and Bazen Electric Co (Bazen) submitted a bid of $14,783 for which the engineer’s estimate is $50,000; therefore RESOLVED: 1. That the bid of Bazen 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 $22,155 which includes the costs of the construction contract, engineering/ inspection/administration, and contingencies. Said amount of $22,155 to be charged to the applicable Facilities Management 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. 92712 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. On May 23, 2023 (Proceeding No. 92611), the City entered into an agreement with the Michigan Department of Transportation (MDOT) and authorized expenditures in connection with the following project: Improvements in Turner Avenue from Fourth Street to Ann Street (MDOT Contract No. 23-5163) (hereinafter referred to as the “Project”); and 2. It is necessary to increase the agreement with MDOT and authorize expenditures for the aforesaid agreement; therefore RESOLVED: 1. That additional expenditures be authorized in an amount of $449,370 for the local share of the project with total expenditures not to exceed $2,888,423 which includes the costs of the construction contract, administration, contingencies, and previously authorized services. Said amount of $2,888,423 to be charged to the applicable Vital Streets codes and to the applicable Parking System 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.  JULY 11, 2023 CITY COMMISSION 16 92713 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. Proposals were received on August 11, 2022 through a Qualification Based Selection Process for preconstruction and construction management services for the following project: Improvements to Sullivan Field (hereinafter referred to as the “Project”); and 2. On November 15, 2022 (Proceeding 92143), the City approved a professional services agreement for preconstruction services with Rockford Construction Co. (Rockford); and 3. Rockford Construction Co. (Rockford) submitted a proposal with a fixed limit of construction cost of $800,000 for construction management services; therefore RESOLVED: 1. That the proposal of Rockford be accepted and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute the professional services agreement for the Project on behalf of the City; and 2. That total expenditures for the Project be authorized in an amount not to exceed $1,200,000 which includes the costs of the Professional Services Agreement, previously authorized design phase services by Integrated, previously authorized preliminary design phase services by OCBA, construction phase services including inspection by Integrated, administration and contingencies. Said amount of $1,200,000 to be charged to the applicable Parks Millage Codes; and 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. 92714 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS, bids were received on June 22, 2023 for the following project: Replacement of Wayfinding and Signage System for the City of Grand Rapids (hereinafter referred to as the “Project”) and Universal Sign, Inc. (Universal) submitted a bid of $395,475 for which the engineer’s estimate, prepared by Progressive AE (PAE), is $381,929; therefore  17 CITY COMMISSION JULY 11, 2023 RESOLVED: 1. That the bid of Universal 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 $495,010 which includes the costs of the construction contract, previously authorized design phase services by PAE, construction phase services including inspection by PAE, administration, and contingencies. Said amount of $495,010 to be charged to the applicable codes currently defined as Code No. 5141-523-9000-9880-514115261. 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. 92715 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS it is necessary to accept two Sidewalk and Utility Easements and to authorize payments for Sidewalk Improvements in Collindale Avenue from Lake Michigan Drive to Burritt Street and in Burritt Street from 350 Feet West of Collindale Avenue to Collindale Avenue; therefore RESOLVED: 1. That Sidewalk and Utility Easements are hereby accepted from following property owners for the described property for the compensation amount noted: Elsa R. and John A. Mason $280.00 611 Collindale Avenue NW Grand Rapids, MI 49504 611 Collindale Ave. NW, Parcel No. 41-31-21-326-012; and Dave Netti Artisan, LLC $200.00 1331 Walker Village Drive Walker, MI 49534 595 Collindale Ave. NW, Parcel No. 41-31-21-376-003; and 2. That payment for a Temporary Grading Permit in the amount of $100.00 and cost to cure in the amount of $3,150.00 is hereby authorized to Elsa R. and John A. Mason; and 3. That payment for an administrative settlement including legal fees in the amount of $4,800 is hereby authorized to Dave Netti Artisan, LLC; and 4. That the City Comptroller is hereby authorized and directed to make  JULY 11, 2023 CITY COMMISSION 18 payments, in amounts and said to payees, as the City Engineer or designee requests in connection with the aforesaid Sidewalk and Utility Easements, Temporary Grading Permits, cost to cure and administrative settlement; and 5. That the City Clerk is hereby authorized and directed to record the aforesaid Sidewalk and Utility Easements with the Kent County Register of Deeds. 92716 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. On May 11, 2021 (Proceeding No. 90781) the City authorized the use of eminent domain to acquire property interests from the property owner of 3665 28th Street SE in connection with the Reconstruction of Lake Eastbrook Boulevard from East Beltline Avenue (M-37) to 28th Street (M- 11); and 2. The property owner has conveyed a Sidewalk and Utility Easement to the City and it is necessary to accept the aforesaid easement and to authorize a payment; therefore RESOLVED: 1. That a Sidewalk and Utility Easement is hereby accepted from the following property owner at the following property for the compensation amount noted: G&I X CenterPoint LLC ($19,600.00) 814 Commerce Dr., Ste. 300 Oak Brook, Illinois 60523 3665 28th St. SE, Parcel No. 41-18-11-376-038; and 2. That a payment in the amount of $5,400.00 is hereby authorized to the aforesaid property owner for a Temporary Grading Permit ($965.00) and for an administrative settlement for legal and administrative fees ($4,435.00); and 3. That the City Comptroller is hereby authorized and directed to make payments, in amounts and to said payees, as the City Engineer or designee requests in connection with the aforesaid Sidewalk and Utility Easement and Temporary Grading Permit; and 4. That the City Clerk is hereby authorized and directed to record the aforesaid Sidewalk and Utility Easement with the Kent County Register of Deeds.  19 CITY COMMISSION JULY 11, 2023 92717 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. On March 13, 1990 (Proceeding No. 52806) the City approved a consent resolution for the vacation of Walbridge Street from the East line of Monroe Avenue to the West line of Ottawa Avenue that was approved by the Circuit Court of the County of Kent and recorded in Liber 2800, Pages 959 – 967, Kent County Register of Deeds. The City's consent to the street vacation request included the preservation of easements for emergency access and utilities over the majority of the 66 ft. wide street that was to be vacated; and 2. The property owner at 975 Ottawa Avenue NW has conveyed an Emergency Access Easement in compliance with Proceeding No. 52806 and has requested the release of a portion of the emergency access easement that was preserved in Liber 2800, Pages 959 – 967, Kent County Register of Deeds; and 3. It is necessary to accept an Emergency Access Easement and to approve a Partial Release of Easement at 975 Ottawa Avenue NW; therefore RESOLVED: 1. That an Emergency Access Easement is hereby accepted from the following property owner at the following property for nominal consideration of One Dollar ($1.00): MWS Ottawa LLC ($1.00) 3849 Lake Michigan Drive NW Grand Rapids, Michigan 49534 975 Ottawa Ave. NW, Parcel No. 41-13-24-284-004; and 2. That a Partial Release of Easement is hereby approved for a portion of the emergency access easement recorded in Liber 2800, Pages 959 – 967, Kent County Register of Deeds; and 3. That the Mayor is hereby authorized to execute the aforesaid Emergency Access Easement and Partial Release of Easement 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 Emergency Access Easement and Partial Release of Easement with the Kent County Register of Deeds.  JULY 11, 2023 CITY COMMISSION 20 92718 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. On April 23, 2019 (Proceeding No. 88701), the City awarded contracts to Abatement & Demolition Services LLC (ADS) and Pro-Tech Environmental & Construction Services, Inc. (Pro-Tech) for the following project: As-Needed Asbestos and Lead Abatement at Various Locations (hereinafter referred to as the “Project”); and 2. The contract documents for the Project included provisions for the City at its option, to extend each contract for an additional period of time contingent upon successful negotiations with the contractors; and 3. On June 16, 2020 (Proceeding No. 89959), the City Extended contracts with ADS & Pro-Tech to June 30, 2021; and 4. On June 15, 2021 (Proceeding No. 90888), the City Extended contracts with ADS & Pro-Tech to June 30, 2022; and 5. On March 29, 2022 (Proceeding No. 91541), the City Extended contracts with ADS & Pro-Tech to June 30, 2023; and 6. The City now desires to extend the contracts with ADS and Pro-Tech to June 30, 2024, upon successful negotiations with the contractors for the period of extensions; therefore RESOLVED: 1. That the City Engineer or his designee is hereby authorized to execute the necessary change orders to the contracts with ADS & Pro-Tech with a total project cost “not-to-exceed” $300,000 and extending the time period to June 30, 2024; and 2. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer or his designee requests in connection with the Project. 92719 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. On June 15, 2021 (Proceeding No. 90883), the City awarded contracts on an as-needed basis to Diversco Construction Company, Inc., Dykema Excavators, Inc., Lodestar Construction, Inc., Nagel Construction, Inc., and Wyoming Excavators, Inc. (hereinafter referred to as the “Contractors”) for the following project: Utility Improvements at Various Locations – Contract 2021 (hereinafter referred to as the “Project”); and  21 CITY COMMISSION JULY 11, 2023 2. The contract documents for the Project included provisions for the City, at its option, to extend each contract for an additional period of time contingent upon successful negotiations with the contractors; and 3. On June 21, 2022 (Proceeding No. 91807) the City extended contracts with Diversco, Dykema, Lodestar, Nagel, and Wyoming to June 30, 2023; and 4. The City now desires to extend the contracts and each contractor has agreed to said extension; therefore RESOLVED: 1. That the extension to the contracts for the Project are hereby approved for an additional period of time to June 30, 2024. 2. That the City Engineer or designee is hereby authorized to execute the necessary change orders to the aforesaid contracts with Diversco Construction Company, Inc., Dykema Excavators, Inc., Lodestar Construction, Inc., Nagel Construction, Inc., and Wyoming Excavators, 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. 92720 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. On June 16, 2020 (Proceeding No. 89957), the City awarded a contract with RAM Construction Services of Michigan Inc. (RAM), BVR Restoration, LLC (BVR) and M One Limited, Inc. dba Mark 1 Restoration Services, Inc. (Mark-1) for the following project: As-Needed Concrete and Façade Restoration at Various Locations (hereinafter referred to as the “Project”); and 2. On June 15, 2021 (Proceeding No. 90887) the City extended the contracts with RAM, BVR and Mark-1 to June 20, 2022; and 3. On October 26, 2021 (Proceeding No. 91181) the City increased expenditures in the amount of $450,000 with total expenditures “not-to- exceed” $900,000; and 4. On March 29, 2022 (Proceeding No. 91540) the City extended the contracts with RAM, BVR and Mark-1 to June 30, 2023; and 5. On October 18, 2022 (Proceeding No. 92080) the City increased expenditures in the amount of $500,000 with total expenditures “not-to- exceed” $1,400,000; and  JULY 11, 2023 CITY COMMISSION 22 6. The City now desires to extend the contracts with RAM, BVR and Mark-1 to June 30, 2024 upon successful negotiations with each contractor to said extension; therefore RESOLVED: 1. That the extension to the contracts for the Project are hereby approved for an additional period of time to June 30, 2024. 2. That the City Engineer or his designee is hereby authorized to execute the necessary change orders to the aforesaid contracts with with RAM, Mark-1 and BVR; and 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. 92721 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. On March 17, 2020 (Proceeding No. 89710), the City awarded a contract to Superior Asphalt, Inc. (Superior) for the following project: As-Needed Surface Lot Services (hereinafter referred to as the “Project”); and 2. The contract documents for the project included provisions for the City, at its option, to extend the contract for an additional period of time contingent upon successful negotiations with the contractor; and 3. On June 15, 2021 (Proceeding No. 90889), the City extended the contract with Superior to July 1, 2022; and 4. On March 29, 2022 (Proceeding No. 91539), the City extended the contract with Superior to June 30, 2023 with a $250,000 increase raising the “not- to-exceed” limit to $750,000; and 5. The City now desires to extend the contract with Superior to June 30, 2024 upon successful negotiation with the contractor for the period of extension; therefore RESOLVED: 1. That the extension to the contract for the Project is hereby approved for an additional period of time to June 30, 2024. 2. That the City Engineer or his designee is hereby authorized to execute the necessary change order to the aforesaid contract with Superior; and  23 CITY COMMISSION JULY 11, 2023 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. 92722 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: On April 26, 2022 (Proceeding No. 91623), the City awarded a contract to Dave Bultsma & Associates, Inc. dba Bultsma Construction Company (Bultsma), Ram Construction Services of Michigan, Inc. (RAM), EV Construction Co. (EV) and Clark Contracting Services, Inc. (Clark)for the following project: As-Needed General Construction Services at Various Locations (hereinafter referred to as the “Project”); and 1. The contract documents for the Project included provisions for the City at its option, to extend each contract for an additional period of time contingent upon successful negotiations with the contractors; and 2. The City now desires to extend the contracts with Bultsma, RAM, EV, and Clark to June 30, 2024; therefore RESOLVED: 1. That the extension to the contracts for the Project are hereby approved for an additional period of time to June 30, 2024. 2. That the City Engineer or his designee is hereby authorized to execute the necessary change order to the aforesaid contract with Bultsma, RAM, EV, and Clark. 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. 92723 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. On October 12, 2021 (Proceeding No. 91144), the City approved Design Services with Tower Pinkster Titus Associates, Inc. (Tower Pinkster) for the following project: Expansion of Grand Rapids Public Museum (hereinafter referred to as the “Project”); and 2. On January 11, 2022 (Proceeding No. 91328), the City authorized an increase in the in the amount of $1,087,929 with a total “not-to-exceed” of $2,257,908.  JULY 11, 2023 CITY COMMISSION 24 3. It is necessary to increase the scope of work and authorize additional design phase Services for the aforesaid project; therefore RESOLVED: 1. That the scope of work with Tower Pinkster be increased at a cost of $740,404 with total expenditures not to exceed $3,035,312 which includes the costs of the additional design phase services for Tower Pinkster, contingencies, and previously authorized services. Said amount of $3,035,312 to be charged to Code No. 4010-447-9000-9880-401020069. 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. 92724 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. On November 1, 2022 (Proceeding 92118), the City awarded a contract to Pride Builders Group, LLC for the following project: Improvements to Veterans Memorial Park Building (hereinafter referred to as the “Project”) 2. It is necessary to change $146,000 of the Project funding from the Parks Millage Fund to 2484-740-5010-8010-1072; therefore RESOLVED: 1. That $146,000 for the Project be financed by the Downtown Development Authority Code No. 2484-740-5010-8010-1072. 2. That the City hereby approves the authorization of Downtown Development Authority funds for its share of costs for the Project as referenced in Paragraph 1. 92725 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS: 1. On May 9, 2023, the City Commission authorized the establishment of the Downtown Improvement District #8780. 2. On July 25, 2023, the City Commission will sit as Board of Review to hear appeals on the Special Assessment Downtown Improvement District #8780. 3. The Special Assessment Roll was available in the City Assessor’s Office in City Hall for ten business days, beginning on June 19, 2023. Property  25 CITY COMMISSION JULY 11, 2023 owners affected may file a written appeal at any time up to the adjournment of the July 25 City Commission meeting. RESOLVED: That the City Commission will sit as Board of Review on July 25, 2023, to hear appeals on the Special Assessment Downtown Improvement District #8780. E. COMMITTEE OF THE WHOLE 92726 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED, that a special meeting of the City Commission is scheduled to convene at 1:00 p.m. on Thursday, July 13, 2023 in the City Commission Chambers for the purposes of holding a joint meeting with the City Planning Commission and the City Clerk is directed to publish notice of same in accordance with the Open Meetings Act, PA 267 of 1976, as amended. 92727 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED that the request from The Brass Ring Brewing Company, LLC, for a Small Distiller liquor license to be located at 2404 Eastern Ave SE, Grand Rapids, MI 49507, be approved. 92728 Result: Adopted. Mover: Moody. 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  JULY 11, 2023 CITY COMMISSION 26 RESOLVED: 1. That the Social District Permit application from EA Restaurant Acquisition, LLC dba Speak EZ Lounge; 600 Monroe Ave NW, is recommended by the City Commission for consideration and approval by the Michigan Liquor Control Commission; and 2. That the City Clerk is authorized and directed to provide the applicant with a certification of this action in the form specified by the Michigan Liquor Control Commission. 92729 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS, the members of Grand Valley Metropolitan Council ("Metro Council") have by majority vote approved Amendment No. 41 (Removal of City of Hastings) in the Articles of Incorporation of Grand Valley Metropolitan Council; and WHEREAS, the amendments have now been submitted for approval by the legislative bodies of the local governmental units that belong to Metro Council; and WHEREAS, the City Commission of the City of Grand Rapids has considered Amendment No. 41 in the Articles of Incorporation of Metro Council. RESOLVED: 1. Amendment No. 41 in the Articles of Incorporation of Grand Valley Metropolitan Council is hereby approved. 92730 Result: Adopted. Mover: Moody. Supporter: Perdue. WHEREAS, 1. Progressive AE (Suzanne Schulz) is requesting approval of Zoning Ordinance Text Amendments to Sections 5.15.03. Nonconforming and Abandoned Signs; Billboard Exchange Program and 5.15.17. Sign Definitions; and 2. The proposed amendments are intended to incentivize the removal of billboards on redevelopment sites by permitting digital billboards along expressways, and by allowing the repositioning of billboards in the TN-CC (City Center), TN-TCC (Transitional City Center) and TN-TBA (Traditional Business Area) Zone Districts, while resulting in no increase to the total number of billboards; and 3. The Planning Commission recommended approval of the text amendments after holding a public hearing on June 8, 2023, at which time all interested persons had an opportunity to be heard; therefore  27 CITY COMMISSION JULY 11, 2023 RESOLVED: 1. That the attached ordinance be published as a part of the proceedings; and 2. That pursuant to Title V, Section 10(b) [Compiler’s Paragraph 60(b)] of the City Charter, the City Clerk shall publish the attached summary of the ordinance in a newspaper of general circulation in the City; and 3. That the proposed amendment be considered for adoption by the City Commission at its meeting on July 25, 2023. SUMMARY OF ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 61, TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING ORDINANCE” Progressive AE (Suzanne Schulz) is requesting approval of Zoning Ordinance Text Amendments to Sections 5.15.03. Nonconforming and Abandoned Signs; Billboard Exchange Program and 5.15.17. Sign Definitions. The proposed amendments are intended to incentivize the removal of billboards on redevelopment sites by permitting digital billboards along expressways, and by allowing the repositioning of billboards in the TN-CC (City Center), TN-TCC (Transitional City Center) and TN-TBA (Traditional Business Area) Zone Districts, while resulting in no increase to the total number of billboards. The proposed Zoning Ordinance text amendments are available at the City’s website at https://tinyurl.com/billboardexchange or examined by contacting the Planning Department at (616)456-4100 or planning@grcity.us during business hours. ORDINANCE AMENDING SECTIONS 5.15.03. NONCONFORMING AND ABANDONED SIGNS; BILLBOARD EXCHANGE PROGRAM AND 5.15.17. SIGN DEFINITIONS, OF CHAPTER 61, TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING ORDINANCE” ORDINANCE NO. 2023-__ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Title V, Chapter 61, Section 5.15.03. of the Code of the City of Grand Rapids be renamed to read as follows: Sec. 5.15.03. Nonconforming and Abandoned Signs; Billboard Exchange Program. “Sec. 5.15.03. Nonconforming and Abandoned Signs; Billboard Exchange Programs.” Section 2. That Title V, Chapter 61, Subsection B. of Section 5.15.03. of the Code of the City of Grand Rapids be amended to read as follows:  JULY 11, 2023 CITY COMMISSION 28 Sec. 5.15.03. Nonconforming and Abandoned Signs; Billboard Exchange Programs. B. “Expansion or Extension Prohibited. Nonconforming signs shall not be expanded, enlarged, extended, relocated, repositioned, upgraded, or structurally altered to create an additional nonconformity or to increase the extent of the existing nonconformity, except as permitted by the Billboard Exchange Program. A nonconforming sign may be lessened in size or dimension without jeopardizing its nonconforming status in accordance with Section 5.15.03.G.” Section 3. That Title V, Chapter 61, Subsection I. of Section 5.15.03. of the Code of the City of Grand Rapids be amended in its entirety to read as follows: Sec. 5.15.03. Nonconforming and Abandoned Signs; Billboard Exchange Programs. I. “Billboard Exchange Programs. 1. Purpose and Applicability. For the purposes of this Section, two billboard exchange programs are contained herein. The first program pertains to permissible upgrades to non-conforming off-premises signage allowed along I-196, I-96, or US-131 within the Upgrade Eligibility Zone. The second program is intended to allow the repositioning of non-conforming off-premises signage located within specified Mixed-Use Commercial Zone Districts. It is the intent of this Section to promote the health, safety, and general welfare of the citizens of Grand Rapids, and to establish reasonable and uniform regulations that advance the continued growth and development of the city. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on protected speech. 2. Credits. The premise of both exchange programs is to encourage a reduction or reassignment of billboard signage and/or square footage for the purposes of facilitating redevelopment. Therefore, all nonconforming off-premises signs existing on the effective date of this amendment, except those located in the MON-C or SD-IT Zone Districts, are eligible for voluntary removal credits to be applied toward (1) physical upgrades of eligible off-premises signs as defined in Section 5.15.03.I.3. within the Upgrade Eligibility Zone, or (2) repositioning as defined in Section 5.15.03.I.4. in appropriate Zone Districts. Credits shall be based on sign face size, sign type/locations, number of sign faces, and sign face square footage. Additional credits are available for certain signs, as approved by the Planning Director, to facilitate the redevelopment of land. No removal credits shall be awarded for sign faces to be removed or replaced by an eligible upgrade or for signs that conform to existing zoning requirements. 29 CITY COMMISSION JULY 11, 2023 a. Table 5.15.03.I.2.a. below describes how voluntary removal credits are calculated. Whole numbers shall only apply to credits to be used. The Planning Department shall document credits used and credits reserved for future use. Table 5.15.03.I.2.a. Off-Premises Sign Voluntary Removal Credits Upgrade Repositioning Sign Type/ Eligibility Zone Exchange Credit (sq. Location Credit (value)* ft.) Poster Billboard 1 Actual sq. ft. of face Bulletin Billboard 2 Actual sq. ft. of face Property for Redevelopment Base Credit × (Subject to Director sq. ft. credit x 2.0 2.0 Approval) *See Bonus Credits in 5.15.03.I.2.b. b. Bonus Credits. i. Property for Redevelopment may receive a Bonus Credit of the Base Credit × 2.0, subject to Director Approval. For example: The removal of an off-premises poster-size sign with two (2) faces located on property to be used for redevelopment (with Director Approval) would be awarded four (4) credits; 2 faces × 1 credit per face × 2 bonus credits = 4 credits; within the Upgrade Eligibility Zone. If intended for use within an allowed Mixed-Use Commercial District, two poster-sized signs measuring 253 square feet each (506 square feet total) would be awarded double the amount, providing a 988 square feet credit available for repositioning. ii. Redevelopment bonus credits shall be awarded as determined by the Director. Bonus credits not used immediately may be reserved for future use. The Director shall determine that removal of a nonconforming off-premises sign is desired to facilitate a development project on a parcel that, due to a lease period or other constraint, the property owner is unable to negotiate the voluntary removal of the sign. c. Credit Use in Upgrade Eligibility Zone. Given the size and scale of standard off-premises advertising, credits are encouraged to first be used within the Upgrade Eligibility Zone (i.e., alongside I-96, I- 196, and US-131) for permitted upgrades as detailed in Section 5.15.03.l.g. Credits gained from removing billboards in the TBA, CC, TCC, TOD and MCN-C Zone Districts may be used within the Upgrade Eligibility Zone. JULY 11, 2023 CITY COMMISSION 30 d. Credit Use for Repositioning Exchange. The second preferred location for the use of credits is within the City Center and Transitional City Center districts, where the scale and massing of buildings is substantially larger than those found in Traditional Business Areas and Mid-Century Business Districts. The use of credits for the purposes of repositioning shall be applied accordingly: i. Credits gained from billboard removal in the TBA Zone District may be repositioned within the TBA, MCN-C, TOD, TCC, or CC Zone Districts. ii. Credits gained from billboard removal in the TCC or CC Zone Districts may be used within those Zone Districts, but not the TBA. iii. Credits gained from the TBA, MCN-C, TCC, and CC Zone Districts may be used within the MCN-C and TOD Zone Districts. Credits gained from the TOD Zone District may be used within the TOD Zone District. iv. No credits may be used for repositioning from or within the MON- C and SD-IT Zone Districts. These districts are not eligible to be destination Zone Districts or originating Zone Districts. Table 5.15.03.I.2.d.: Repositioning Exchange Districts and Sign Size Destination Zone Maximum Sign Originating Zone District Size Districts TBA 253 sq. ft. TBA CC, TCC Unlimited* CC, TCC, TBA MCN-C 672 sq. ft. CC, TCC, TBA, MCN-C CC, TCC, TBA, MCN- TOD 672 sq. ft. C, TOD *See Super Sign definition in Sec. 5.15.16. v. Credit Conversion. Credits may be converted from a square footage credit into a standard bulletin or poster billboard face sign size to accumulate sign face credits for use in the Upgrade Eligibility Zone. Signs removed within the Upgrade Eligibility Zone may not be converted into a square footage credit for repositioning in the Repositioning Exchange Zone to a designated Mixed-Use Commercial Zone District. e. Existing Credits. All sign-face credits reserved for future use as of the effective date of this Amendment may be used within the Upgrade Eligibility Zone but cannot be converted for use within a designated Mixed-Use Commercial Zone District. 31 CITY COMMISSION JULY 11, 2023 3. Upgrade Eligibility Zone. a. Purpose and Intent. i. The purpose of the Upgrade Eligibility Zone Billboard Exchange is to reduce the overall number of nonconforming off-premises signs, facilitate redevelopment, reduce visual clutter in residential and neighborhood commercial areas, and allow for the modernization of off-premises signage by providing incentives for the voluntary removal of nonconforming off- premises signs. While it is recognized that off-premises signs serve a valuable purpose in the community by providing an advertising venue for local businesses and institutions, as well as a means to promote non-commercial speech, a proliferation of these signs may contribute to a sense of visual clutter and blight. ii. Off-premises signs can deter the redevelopment of a parcel or limit the redevelopment potential of a site due to long lease periods for nonconforming off-premises signs. Accordingly, it is in the best interest of the City to advance the economic welfare of the community by facilitating new investment and land development in accordance with the Master Plan and to remove any potential barriers that may hinder redevelopment opportunities within the city. iii. The regulations in this section identify certain high-traffic volume corridors and locations within the City where continuing existing nonconforming off-premises signs is appropriate. In exchange for the voluntary removal of nonconforming off- premises signs, various physical upgrades may be permitted to existing nonconforming off-premises signs and support structures in the designated Upgrade Eligibility Zone. The Upgrade Eligibility Zone consists of existing off-premises signs and support structures in any Zone District that are oriented so that motorists traveling on I-196, I-96, or US-131 are the intended audience. All off-premises signs and support structures included in the Upgrade Eligibility Zone are listed in the current Upgrade Eligibility Zone Table maintained and kept current by the Planning Department. b. Upgrade Eligibility. Off-premises signs and support structures located in the Upgrade Eligibility Zone may be upgraded if approved in accordance with the requirements of this Section. c. Permitted Upgrades. Eligible off-premises signs may be upgraded, subject to the following requirements. JULY 11, 2023 CITY COMMISSION 32 i. Nonconforming rights to sign height are transferrable between an old and new structure on the same site within the Upgrade Zone. ii. Credits may be combined from more than one (1) off-premises sign location to permit a sign upgrade. Credits are transferable among off-premises sign owners. iii. A proposed sign upgrade shall not be permitted in a location that would impede development or redevelopment on the site, as determined by the Director based on the knowledge of approved and proposed projects, building permits, and development trends. iv. The non-conforming signs(s) being removed for credit(s) through this program to be used for upgrades must be removed in its entirety (including all sign faces and support structures) before the permitted upgrade may take place. v. See Table 5.15.03.I.3.c.v. below for a description of how the credits may be used. Removal Table 5.15.03.I.3.c.v. Upgrade Components Credits Required Sign Face Enlargement (from poster size to bulletin 3 size) Additional Poster Sign Face (maximum of two) 2 Additional Bulletin Sign Face (maximum of two) 6 Digital Billboard Face 2 Relocation on Same Lot (subject to Director approval) 2 Height Increase (up to an additional five (5) feet) 2 New Support Structure 3 Other Structure Improvement (as determined by the 2 Director) d. Digital Billboards. Off-premises signs and support structures located in the Upgrade Eligibility Zone may incorporate an Electronic Changeable Copy Sign face as defined in Sec. 5.15.17.E. and Sec. 5.15.17.C., subject to the following requirements: i. Three (3) sign removal credits will be required for any digital billboard which requires a new support structure as outlined in Table 5.15.03.I.2.d. in order to meet current building code requirements to accommodate a digital billboard face. ii. Two (2) sign removal credits will be required to replace a static face with a digital billboard face, except only one (1) sign 33 CITY COMMISSION JULY 11, 2023 removal credit will be required if a voluntary public-private partnership agreement is submitted and approved by the City Commission that provides for emergency messaging, public safety initiatives, community outreach opportunities, or other purposes for the benefit of public communications. iii. No more than ten (10) sign faces can be converted to a digital billboard face within the Upgrade Eligibility Zone. Up to four (4) digital billboard faces, with two (2) facing each direction (E/W) may be installed along the I-96/I-196 corridor. Up to six (6) digital billboard faces, with three (3) facing each direction (N/S) may be installed along the US-131 corridor. iv. Upgrades for digital billboards in accordance with this Section shall not be subject to the requirements of Section 5.15.10.C.3.d, Table 5.15.12.B. Electronic Sign, or Table 5.15.13.A. Electronic Sign. v. The sign shall meet the following minimum performance standards: 1) Spacing. Digital billboards must be spaced a minimum of 1,750 feet from any other digital billboard face facing the same direction of oncoming traffic along the same roadway. 2) Residential Impact Mitigation. a) Digital billboards will include incorporate light impact mitigating design technology if within three hundred (300) feet of residential use. b) Digital billboards will not disturb residential uses with shifts in light, message changes, or glare. c) A study shall be prepared to demonstrate the digital billboard’s viewshed for consideration by the Planning Director or Planning Commission, depending on proximity to residential land uses. 3) Lighting. a) To prevent glare, digital billboards shall not operate at a brightness level greater than 0.3 foot candles of ambient light, as may be further limited by this Section or other City Codes. b) Digital billboards shall have installed ambient light monitors and will at all times allow such monitors to JULY 11, 2023 CITY COMMISSION 34 automatically adjust the brightness level of the digital billboard based on ambient light conditions. c) The digital billboard shall not display any illumination by flashing, intermittent or moving lights, and will not contain or display animated, moving video or scrolling elements. 4) Message Operations. a) The operation of a digital billboard will not be subject to the requirements of Section 5.15.10. b) Each message shall be displayed for at least eight (8) seconds and a message change shall be accomplished within one (1) second or less. c) A message change must occur simultaneously on the entire digital billboard’s face. d) A default design mechanism is included that freezes the digital billboard in one (1) position if there is a malfunction; contact information shall be provided for an agent responsible for the digital billboard’s operation should a malfunction occur. 4. Repositioning Exchange a. Grand Rapids’ Mixed-Use Commercial Zone Districts, inclusive of the downtown and surrounding neighborhood business districts, comprise a unique built environment that is denser (concentration of businesses and residents), more intense (building scale and pedestrian/ bicycle/ bus/ vehicular movement), and more active (nightlife and events) than other areas of the city. These Zone Districts experience continuous growth and evolution through the development and redevelopment of new and existing buildings, structures, open spaces, and rights-of-way. Billboards have been located where the greatest number of potential customers can view off- premises advertising, which is in these same districts. It is inevitable, then, that in this dynamic context, off-premises signs are oftentimes positioned in the way of development within these districts. Given that in nearly every case billboards are considered to be non-conforming signs within the City Center (CC), Transitional City Center (TCC), Traditional Business Area (TBA), and Mid-Century Neighborhood Commercial (MCN-C) Zone Districts, there is a strong incentive for off-premises advertisers to resist change and remove a revenue-generating asset for unrelated private investment. To 35 CITY COMMISSION JULY 11, 2023 facilitate new development and the redevelopment of properties that are impeded by long-term lease agreements with a leaseholder of an off-premises sign, this Section has been designed to allow for the voluntary repositioning of off- premises signs within specified Zone Districts under certain conditions. b. In the development and execution of this Section, it is recognized that off-premises signage, because of its very nature, has unique characteristics not common to on-premises signage. Michigan case law, Michigan’s Tax Act, and common billboard lease industry language consider all structures, equipment, and materials as “trade fixtures” that are acknowledged as the personal property of an outdoor advertising company. As such, no property rights are bestowed upon a parcel of land for off-premises signage (billboards). Rather, rights to the off-premises signage reside with the owner of the trade fixtures. i. Case Law: In Outdoor Systems Advertising, Inc v Korth, 238 Mich App 664 (1999), the Court held that billboards are trade fixtures and, accordingly, remain a lessee’s personal property as a matter of law. The trade fixture doctrine permits the lessee, upon the termination of the lease, to remove such a fixture from the lessor's real property. There is no unity of title between the owner of the land and the owner of the personal property. Supporting decisions: Michigan Nat'l Bank, Lansing v. Lansing, 96 Mich. App. 551, 555, 293 N.W.2d 626 (1980), aff'd. 414 Mich. 851, 322 N.W.2d 173 (1982); Wentworth v. Process Installations, Inc., 122 Mich.App. 452, 465, 333 N.W.2d 78 (1983); Rite Media, Inc. v. Secretary of Massachusetts Hwy. Dep't, 429 Mass. 814, 712 N.E.2d 60 (1999); State ex rel. Comm'r, Dep't of Transportation v. Teasley, 913 S.W.2d 175 (Tenn.App., 1995); and other cases; ii. Act 206 of the State of Michigan: “A “trade fixture” is property which was acquired by a tenant as detached personal property but which has been attached to leased or rented real property by the tenant and which is capable of being detached again for use elsewhere. The legislature has provided that “All outdoor advertising signs and billboards” will be classified as assessable personal property. Michigan General Property Tax Act 206 of 1893, Section 211.34c.(3)(ii). JULY 11, 2023 CITY COMMISSION 36 iii. Standard Industry Lease Language: Typical billboard lease language reads to the effect of: “All structures, equipment, and materials placed upon the said premises by the Lessee are, and shall always, remain trade fixtures belonging to the Lessee that shall be removed by the Lessee at any time prior to or within a reasonable time after the term hereof or any extension thereof.” c. The regulations in this Section identify specified Mixed-Use Commercial Districts within the City where it is appropriate to consider “repositioning” off-premises advertising assets to make way for additional development within downtown’s City Center (CC) and Transitional City Center (TCC) Zone Districts, as well as Traditional Business Areas (TBA) and Mid-Century Neighborhood Commercial (MCN-C); comprising Grand Rapids’ neighborhood commercial districts. For the purposes of this Section, non-conforming off-premises signs are allowed to “float” as personal property/trade fixtures not directly bound by the ownership of a parcel of land but are rather associated by the zone district in which the off-premises sign is located, and a valid lease agreement is in effect or whole ownership of the parcel on which the non-conforming off-premises sign is positioned. As such, the location of these assets can move over time within a district to adjust to changing conditions as the city evolves. d. The square footage credit obtained through the voluntary removal of nonconforming off-premises signs, as provided for in Section 5.15.03.I.2. may be used towards the relocation of off- premises signage subject to the following requirements: i. The Planning Department will verify an inventory of all off- premises signage within each zone district prior to accepting new applications to reposition a non-conforming off-premises sign. ii. The total number of off-premises sign faces in each zone district will not be greater than the number in existence as of the effective date of this Amendment. The number of off- premises signs is hereby capped so as to not increase the extent of non-conforming off-premises signs within any designated zone district. iii. Repositioned off-premises signage square footage credits will be allowed as described in Section 5.15.03.I.2. iv. A signed lease for a repositioned off-premises sign is required prior to the issuance of a sign permit. 37 CITY COMMISSION JULY 11, 2023 v. Where located on a wall, there is no maximum sign size except in the TBA, MCN-C, and TOD Zone Districts. If an off- premises wall sign is larger than 672 square feet, it shall be considered a Super Sign. vi. Off-premises signs shall not cover window openings or points of egress. vii. Signs shall not be internally lit or located on or mounted to rooftops, be affixed to balconies or other appurtenances, compromise the historic nature of any building, or be placed in any locations that may present a safety hazard. e. Relocation of non-conforming off-premises signage in accordance with this Section shall not be subject to the requirements of Table 5.15.13.A. Billboard or Off-Premises Sign. f. Given the unique characteristics of the designated Mixed-Use Commercial Areas, including their pedestrian-orientation, mixed uses, and proximity to institutional and educational uses, neighborhood character areas (See Article 4, Section 5.4.02), and the significance of these places to community identity, the City has a significant governmental interest in protecting an area’s aesthetic values and mitigating potential visual blight. The degree of potential impact on these qualities by a repositioned off-premises sign will be dependent upon sign characteristics such as sign dimensions, placement, and type; as well as community context, including historic districts, use mix, proximity to institutional and educational uses, and other factors. The repositioning of off-premises advertising signs will be evaluated by the Planning Director or Planning Commission to evaluate potential negative visual impacts to an area’s aesthetics and the appropriateness of a repositioned sign’s proposed size and location. The following criteria will apply: i. The area, height, placement, and location of the proposed repositioned off-premises sign will not have a negative effect on the pedestrian experience and visual aesthetics of the community greater than the magnitude of other off- premises signs of a similar size, height, placement, and location within the destination zone district. ii. The proposed repositioned sign will not compromise public safety, access, or the observability of people within the public right-of-way, parking lots, parks, or other possible gathering areas. JULY 11, 2023 CITY COMMISSION 38 iii. Potential anticipated negative visual aesthetics can be mitigated in a manner appropriate to the context of the zone district, city block, parcel, and wall in and on which the repositioned off-premises sign is proposed to be located. g. To ensure a reasonable nexus between a repositioned off- premises sign that is a Super Sign in the TCC or CC Zone Districts, due to its uncommon nature, mitigation may be necessary to reduce any perceived negative visual effects from more visible signage. As such, an applicant may voluntarily offer to contribute to a fund supporting public art as a method of mitigation. The Downtown Development Authority and the City’s various Corridor Improvement Authorities shall be authorized to establish such a fund for contributions made pursuant to this section for the purposes of the commission, construction, siting, display, and maintenance of art murals and other public art to improve overall visual aesthetics within the zoning district. Supporting resources shall not exceed an amount equal to the greater of: i. An amount, equal to $1 if the new off-premises sign is proposed to be a wall sign or painted sign for each square foot of the proposed new sign, for each year of the term of the sign permit; or ii. An amount equal to the expected cost, as the Planning Department might reasonably determine, for the commission and installation of an art mural of an area equal to 200% of the area of the proposed off-premises sign, as well as the cost of the mural’s maintenance for a period equal to the lease-period of the off-premises sign. 5. Application and Review Procedures. a. Special Land Use. The following are subject to Section 5.12.09. Special Land Use procedures: i. Where the intensity of light from a digital sign exceeds 0.3 footcandles at the lot line of any residential use. ii. Super Signs. b. Director Review. Except as indicated in Section 5.15.03.5.a. above, sign upgrades may be reviewed pursuant to Section 5.12.16.B. Director Review. The Planning Director has the authority to deny any requests for sign upgrades, repositioning, and/or sign face conversion where said requests are located on a parcel or building that is likely to be substantially altered in  39 CITY COMMISSION JULY 11, 2023 the next five (5) years or where the parcel or building would be impeding development or redevelopment in the next ten (10) years. c. In addition to application materials required by Sections 5.12.04. and 5.12.08.D., the following shall be submitted: i. An inventory of billboards to be removed and billboards to be upgraded. The inventory shall include the location, property survey, photos of the structure and all sign faces, the number of sign faces on the structure, height, and any other pertinent information for each billboard to be removed or upgraded. ii. An itemized list of requested physical upgrades for each billboard to be upgraded. iii. For repositioned signs, a signed lease containing the new address, sign size, sign placement, method of attachment, and other pertinent information to provide a clear understanding of the relocated sign. d. Where located within an historic district or on a historic landmark, repositioned off-premises signs shall comply with Chapter 68 Historic Preservation Commission.” Section 4. That Title V, Chapter 61, Section Sec. 5.15.17. Sign Definitions. of the Code of the City of Grand Rapids be amended as follows: Sec. 5.15.17. - Sign Definitions. “BULLETIN A type of off-premises sign (billboard) that is larger than a poster and typically between 378 sq. ft. (10’6” x 36’) and 672 sq. ft. (14’ x 48’) in area per sign face.” “DIGITAL BILLBOARD A type of off-premises sign (billboard) that incorporates an electronic changeable copy sign face.” “POSTER A type of off-premises sign (billboard) that is typically 253 square feet (11’ x 23’) in area per sign face.” “SUPER SIGN A type of off-premises sign (billboard) that exceeds 672 square feet in area per sign face and is not a freestanding sign.”  JULY 11, 2023 CITY COMMISSION 40 92731 Result: Adopted. Mover: Moody. Supporter: Perdue. RESOLVED: 1. That the attached ordinance amending Chapter 151 “Nuisances” of Title IX of the Grand Rapids City Code shall be published as part of the proceedings; and 2. That in accordance with Title V, Section 10(a) of the Grand Rapids City Charter, the attached ordinance shall be published in a paper of general circulation in the City of Grand Rapids; and 3. That the proposed ordinance shall be considered for adoption by the City Commission at its meeting on July 25, 2023. AN ORDINANCE TO AMEND SECTION 9.66 OF CHAPTER 151 OF TITLE IX OF THE CODE OF THE CITY OF GRAND RAPIDS ORDINANCE NO. 2023 - ____ THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 9.66 of Chapter 151 of Title IX of the Code of the City of Grand Rapids be amended in its entirety to read as follows: “Sec. 9.66 - Exceptions The following uses and activities are not prohibited noises: (1) Use of motorized lawn mowers and other lawn, landscaping, and yard maintenance equipment or domestic power tools, provided such equipment is used between 7:00 a.m. and 10:00 p.m. (2) Residential use of snow blowers and snow removal from commercial or industrial properties by any internal combustion device. (3) Sounds resulting from any authorized emergency vehicle. (4) Sounds produced at organized sporting events between 7:00 a.m. and 10:00 p.m. (5) Sounds produced at a special event conducted under a permit issued under this Code, provided the sound complies with the terms of the permit. (6) Sounds and vibrations produced at the Grand Rapids-Kent County Convention/Arena Authority Amphitheater between the hours of 7:00 a.m. and 11:00 p.m. except as provided in (7). (7) Sounds and vibrations produced at the Grand Rapids-Kent County Convention/Arena Authority Amphitheater after 11:00 p.m. in the case of performance delays occasioned by unforeseeable, exigent circumstances (including, but not limited to, inclement weather that prevents the safe  41 CITY COMMISSION JULY 11, 2023 operations the Amphitheater) with the prior written approval of the City Manager or City Manager’s designee. The City Manager shall define the form and content of the request for extended performance hours under this Section 7.” ORDINANCES 92732 Result: Adopted. Mover: Ysasi. Supporter: Moody. Yeas: Bliss, Ysasi, Moody, Perdue, Robbins, Knight Excused: Jon O’Connor AN ORDINANCE TO AMEND MAP 38 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS, THE ZONING ORDINANCE ORDINANCE NO. 2023 - 23 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Map 38 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to rezone 412 Lafayette Avenue SE and the western portion of 415 Prospect Avenue SE from TN-LDR (Traditional Neighborhood–Low Density Residential) to TN-TBA (Traditional Neighborhood–Traditional Business Area), and the southeastern portion of 409 Prospect Avenue SE from TN-TBA to TN-LDR. The properties are described as follows: 412 Lafayette Avenue SE / 41-14-31-128-003 and 415 Prospect Avenue SE / 41-14-31-128-016 Lot 1 and Part of Lots 3, 4 and 22, Block 2 of J. PENNEY'S ADDITION TO THE CITY OF GRAND RAPIDS, according to the plat thereof recorded in Liber 5 of Plats, page 33, Kent County Records, more particularly described as: Commencing at the Northeast corner of Lot 1 of said Block 2; thence S00°39'56"W 104.58 feet along the East line of Lots 1, 2 and 3 of said Block 2 to the South line of the North 6 feet of said Lot 3; thence N87°10'55"W 87.65 feet along said South line to the PLACE OF BEGINNING of this description; thence S02°49'23"W 80.07 feet to the South line of the North 36 feet, 8.5 inches of said Lot 4; thence N87°10'55"W 54.20 feet along said South line to the West line of said Lot 4; thence N00°37'26"E 45.45 feet along the West line of said Lots 3 and 4 to the South line of the North 40.5 feet of said Lot 22; thence N87°10'55"W 145.30 feet along said South line to the West line of said Lot 22 thence N00°31'06"E 40.69 feet along the West line of said Lot 22 to the Northwest corner of said Lot 22; thence S87°10'55"E 145.38 feet along the North line of said Lot 22 to the Northeast corner of said Lot 22; thence S00°37'26"W 6.00 feet along the East line of  JULY 11, 2023 CITY COMMISSION 42 said Lot 22; thence S87°10'55"E 57.28 feet along the South line of the North 6 feet of said Lot 3 to the Place of Beginning. 409 Prospect Avenue SE / 41-14-31-128-026 Part of Lots 2 and 3, Block 2 of J. PENNEY'S ADDITION TO THE CITY OF GRAND RAPIDS, according to the plat thereof recorded in Liber 5 of Plats, page 33, Kent County Records, more particularly described as: Commencing at the Northeast corner of Lot 1 of said Block 2; thence S00°39'56"W 65.55 feet along the East line of Lots 1 and 2 of said Block 2 to the PLACE OF BEGINNING of this description; thence S00°39'56"W 39.03 feet along the East line of said Lots 3 and 4 to the South line of the North 6 feet of said Lot 3; thence N87°10'55"W 87.65 feet along said South line; thence N02°49'23"E 39.01 feet; thence S87°10'37"E 86.18 feet to the Place of Beginning. 92733 Result: Adopted. Mover: Perdue. Supporter: Robbins. Yeas: Bliss, Ysasi, Moody, Perdue, Robbins, Knight Excused: Jon O’Connor AN ORDINANCE TO AMEND MAP 37 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS, THE ZONING ORDINANCE ORDINANCE NO. 2023 - 24 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Map 37 of Chapter 61 of Title V of the City Code of Grand Rapids be amended to rezone 700 Martin Luther King Jr St SW from SD-IT (Special Districts-Industrial Transportation) to TN-TCC (Traditional Neighborhood-Transitional City Center). The properties are described as follows: 700 Martin Luther King Jr St SW / Parcel 41-13-36-151-015 Parcel A Part of the Northwest ¼ of Section 36, Town 7 North, Range 12 West, City of Grand Rapids, Kent County, Michigan, described as: Beginning at the intersection of the East-West ¼ line of said Section and the West line of the Pennsylvania/Conrail Railroad Right of Way (former Grand Rapids and Indiana Railway - 33 feet wide), being described as 788.9 feet East of the West ¼ corner of said Section 36; thence North 88 degrees 03 minutes 52 seconds West 15.59 feet along said East-West ¼ line; thence North 17 degrees 47 minutes 14 seconds East 684.10 feet along a line which is 15.0 feet west of (perpendicular measure) said West line; thence South 00 degrees 08 minutes 58 seconds West 49.51 feet; thence South 17 degrees 47 minutes 14 seconds West 632.66 feet along said West line to the point of beginning.  43 CITY COMMISSION JULY 11, 2023 Parcel B Part of the Southwest ¼ of Section 36, Town 7 North, Range 12 West, City of Grand Rapids, Kent County, Michigan, described as: Beginning at the intersection of the East-West ¼ line of said Section and the West line of the Pennsylvania/Conrail Railroad Right of Way (former Grand Rapids and Indiana Railway - 33 feet wide), being described as 788.9 feet East of the West ¼ corner of said Section 36; thence South 17 degrees 47 minutes 14 seconds West 343.30 feet along said West line; thence North 88 degrees 03 minutes 52 seconds West 25.99 feet; thence North 17 degrees 47 minutes 14 seconds East 343.30 feet along a line which is 25.0 feet West of (perpendicular measure) said West line; thence South 88 degrees 03 minutes 52 seconds East 25.99 feet along said East-West ¼ line to the point of beginning. 92734 Result: Adopted. Mover: Moody. Supporter: Perdue. Yeas: Bliss, Ysasi, Moody, Perdue, Robbins, Knight Excused: Jon O’Connor AN ORDINANCE TO AMEND MAP 52 OF CHAPTER 61 OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS, THE ZONING ORDINANCE ORDINANCE NO. 2023 - 25 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That a portion of 2525 28th Street SE (formerly 2682 Breton Road SE) located on Map 52 of Chapter 61 of Title V of the City Code of Grand Rapids be rezoned from SD-NOS (Special District-Neighborhood Office Service) to MON-C-A (Modern Neighborhood-Mixed Density Residential) with a Conditional Rezoning Agreement to facilitate the construction of a parts warehouse and office and employee parking. The property is described as follows: Part of the West half of the Southwest quarter of Section 10, Town 6 North, Range 11 West, Kent County, Michigan described as: Commencing on the West line of said Section 742.51 feet North of the Southwest corner thereof; thence North on said Section line 108.72 feet; thence East perpendicular to said Section line 258 feet; thence South parallel with said Section line 108.72 feet; thence West 258 feet to Beginning; except the West 48.0 feet thereof.  JULY 11, 2023 CITY COMMISSION 44 92735 Result: Adopted. Mover: Robbins. Supporter: Knight. Yeas: Bliss, Ysasi, Moody, Perdue, Robbins, Knight Excused: Jon O’Connor ORDINANCE AMENDING SECTIONS 5.6.08. BUILDING ELEMENT REQUIREMENTS, 5.8.02. DOWNTOWN HEIGHT OVERLAY DISTRICT, 5.8.03. GRAND RIVER OVERLAY DISTRICT, AND 5.16.02. DEFINITIONS, OF CHAPTER 61, TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS ENTITLED “ZONING ORDINANCE” ORDINANCE NO. 2023 - 26 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Title V, Chapter 61, Table 5.6.08.A. of Section 5.6.08. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.6.08. Building Element Requirements. Table 5.6.08.A. Building Elements: Mixed-Use Commercial Zone Districts Neighborhood TN MCN MON Other Classification NOS Regulations Zone District CC TCC TBA TOD C TOD C TOD Height (stories) Minimum 5.6.08.B. 3 2 2 2 - - - - - required 5.2.06. Maximum, See 5.6.08.B. 5 4 3 3 4 3 4 2.5 permitted text 5.8.02.D. “Maximum, See See 5.6.08.B. - 7 6 7 6 8 - with bonuses text text 5.8.03.E.” Materials ✓ ✓ ✓ ✓ ✓ ✓ - ✓ - 5.6.08.C. Façade, preservation ✓ ✓ ✓ ✓ - ✓ - ✓ - 5.6.08.D. and variation Building ✓ ✓ ✓ ✓ ✓ ✓ - ✓ - 5.6.08.E. orientation Entrance ✓ ✓ ✓ ✓ ✓ ✓ - ✓ ✓ 5.6.08.F. Expression line ✓ ✓ ✓ ✓ - ✓ - ✓ - 5.6.08.G. Minimum transparency (% of building wall area) Ground-floor, non- 5.6.08.H. residential 60% 60% 60% 60% 40% 60% 30% 60% 30% 5.2.14. building façade Upper floors, building sides and 30% 30% 30% 30% 20% 30% 15% 30% 30% residential uses “Building step- 5.6.08.I. back ✓ ✓ - ✓ - ✓ - ✓ - 5.8.02.D. feature 5.8.03.E.  45 CITY COMMISSION JULY 11, 2023 5.8.07.D.” Streetscape 5.6.08.J. ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ design 5.11.13. P = Permitted; S = Special Land Use; ✓ = Rules Apply; "-" = Not Applicable. Section 2. That Title V, Chapter 61, Subsection B.1.a. of Section 5.6.08. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.6.08. Building Element Requirements. B. Building Height. 1. Height Limitations. a. “Height requirements, including bonus height provisions, are subject to the provisions of Section 5.8.02. Downtown Height Overlay District (OD-DH) and Section 5.8.03. Grand River Overlay District (OD-GR), where applicable.” Section 3. That Title V, Chapter 61, Table 5.6.08.B.3. of Section 5.6.08. of the Code of the City of Grand Rapids be amended in its entirety to read as follows: Sec. 5.6.08. Building Element Requirements. “Table 5.6.08.B.3. Bonus Table Activity/Facility District Activity Bonus Bonus Provided Urban Open 25% 1 story Minimum site Space TOD, C area 50% 2 stories (5.6.08.B.2.a.) Minimum lot area/dwelling unit may be reduced by up to 500 sq. ft. per Mixed-Income TBA, TOD, C # of units unit for providing a mix of affordable Housing and market rate (5.6.08.B.2.b.) Mix of affordable and market rate TOD, C 1 story dwelling units Transit station along the assigned Transit Station TOD, PRD Bus Rapid Transit (BRT) route as 3 stories (5.6.08.B.2.c.) approved by The Rapid Micro-Unit TBA, TOD, C Minimum lot area per dwelling unit waived (5.6.08.B.2.d) Minimum lot area/dwelling unit (See # of units Sec. 5.8.08.2.e.i) Affordable TBA, TOD, C Minimum lot area/dwelling unit (See Housing # of units Sec. 5.8.08.2.e.ii) (5.6.08.B.2.e) Minimum lot area/dwelling unit (See TOD, C 1 story Sec. 5.8.08.2.e.ii) Bonus heights for the TN-CC and TN-TCC Zone Districts are described in Sections 5.8.02. and 5.8.03.” Section 4. That Title V, Chapter 61, Section 5.8.02. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.8.02. Downtown Height Overlay District (OD-DH).  JULY 11, 2023 CITY COMMISSION 46 C. “Downtown Height Overlay Subareas. 1. As noted in Table 5.8.02.D., the Height Overlay District establishes two (2) subareas, each of which has height regulations applied. Additional bonus height provisions are available for properties that fall within the Grand River Overlay District of Section 5.08.03. 2. Purposes. A series of density incentives, provided through variations in building height, are provided to help describe a smooth transition from the most intensively developed core of the downtown to the residential neighborhoods with a transition that steps down building heights from the core to these neighborhoods. a. DH-1. The purpose of this subarea is to permit the greatest intensity of land use to create a core of development density for a wide variety of uses that are mutually supportive and serve regional needs, including hotels, restaurants, employment centers, medical centers, entertainment venues, and others. These uses are also intended to create an active, vibrant core. b. DH-2. This subarea largely surrounds the core and near-core downtown areas, including areas on the west side of the Grand River, with a number of cultural and institutional uses important to the city and region. It is intended as a transitional area between the more intense development of DH-1 and the edges of downtown and nearby neighborhoods. While still relatively intensively developed, the lower building heights provide transition from the core. The subarea is divided into two zones, DH-2(a) and DH-2(b), to help reinforce the transition of building heights. D. Permitted Height. Table 5.8.02.D. describes the minimum and maximum permitted heights for buildings within each Height Overlay Subarea, including potential bonuses as described in Section 5.8.02.G. Heights are measured in stories as provided in Section 5.8.02.E., below. Table 5.8.02.D. Building Heights Subarea Permitted Height (stories) Minimum Maximum DH-1 3 None DH-2 zone (a) 3 20 zone (b) 3 10 E. Story Heights. (See also Section 5.2.06.) 1. Table 5.8.02.E.1 provides for the height of each story of the main building. Unless otherwise specified, story height is measured in feet from the floor of a story to the floor of the story above it.  47 CITY COMMISSION JULY 11, 2023 Table 5.8.02.E.1. Building and Story Heights Subarea Permitted Story Height (ft.) Ground Floor Upper Floors Minimum Maximum Minimum Maximum CC, TCC 12 24 - 14 All others 12 18 - 14 2. For the uppermost story, story height shall be measured from the floor of the story to the eave line on pitched roofs and to the tallest point of the roof deck on parapet and flat roofs. 3. Story height requirements apply only to street facing façades, however, no portion of a story of the building shall exceed the maximum permitted story height. 4. A building incorporating both a half story within the roof and a visible basement shall count the height of the two and one-half (2½) stories as one (1) full story. “ Section 5. That Title V, Chapter 61, Subsections F., G., and H. of Section 5.8.02. of the Code of the City of Grand Rapids be deleted. Section 6. That Title V, Chapter 61, Table 5.8.03.D. of Section 5.8.03. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.8.03. Grand River Overlay District (OD-GR). Table 5.8.03.D. Site Layout and Building Placement: Grand River Overlay District Lot Area and Width As required in the base Zone District. Street As required in the base Zone District. side All buildings shall maintain a minimum setback of 30% of the lot depth, Front but in no case shall the required setback exceed 50 ft. or be less than 30 Setback River ft. from the river walk, floodwall, shore or dock line of the Grand River, side whichever is applicable. A setback may be reduced through an Optional Plan Review by the Planning Commission. 20 ft. minimum setback on one side; other side yard may be developed at the property line or at a minimum distance of 5 ft. Side Yard Setback A side yard setback may be reduced to 5 ft. on a side lot line that borders a permanent public open space. The remaining side yard may be developed at the property line or at a minimum distance of 5 ft. Uncovered, outdoor seating areas may extend into a front yard, provided “Permitted Yard that a minimum of 14 ft. is maintained between the river walk, floodwall, Encroachment shore or dock line of the Grand River, whichever is applicable.” Greenspace 30% of lot area. Section 7. That Title V, Chapter 61, Subsection E. of Section 5.8.03. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.8.03. Grand River Overlay District (OD-GR).  JULY 11, 2023 CITY COMMISSION 48 E. “Building Elements. All development in the OD-GR District shall comply with the requirements in Table 5.8.03.E. Where specified in this Section, these requirements supersede the building element requirements of the Zone District. Where not specified, the requirements of the underlying Zone District requirements shall prevail. Table 5.8.03.E. Building Height and Step-backs: Grand River Overlay District Subarea Permitted height Max. Step-backs Notes (stories) height Min. Max. with Option A Option B bonuses (40% linear frontage (30% linear frontage along all bldg. faces) along all bldg. faces) DH-1 3 None None None 2nd-11th floor – 15 ft 2nd-11th floor – 20 ft See 5.8.03.E.1.e 17-19th floor – 15 ft 17th-19th floor – 20 ft DH-2(a) 3 10 20 2nd-4th floor – 15 ft 2nd-4th floor – 20 ft See 5.8.03.E.1.e TCC 3 5 7 1. Step-backs. a. Purpose and intent. A step-back is a portion of a building or structure that is recessed from the base of the structure at a defined story. The requirements for building step-backs are intended to ensure compatibility of the proposed development with the location, height, scale, and spacing of existing or approved buildings, and in particular other buildings on the same or adjacent blocks. To encourage public access to the river, some of the step- back requirements may be waived if said access is provided. b. Applicability. i. A step-back is required per the regulations of Table 5.8.03.E. ii. In the Grand River Overlay District, step-backs are required on all building faces (river, street, and two sides). c. DH-2(a) requirements. i. For buildings 11 stories or taller, one (1) step-back is required somewhere between the 2nd and 11th floors. ii. For buildings 17 stories or taller, one (1) additional step-back is required somewhere between the 17th and 19th floors. iii. The step-back can either be 15 feet for 40 percent of the linear building frontage (Option A), or 20 feet for 30 percent of the linear building frontage (Option B). iv. Administrative Departure. For buildings 17 stories or taller, an Administrative Departure may be approved to allow one (1) step-back of 30 feet for 40 percent of the linear building frontage or one (1) step-back of 40 feet for 30 percent of the linear building frontage. d. TN-TCC requirements. i. For buildings six (6) stories or taller, one (1) step-back is required somewhere between the 2nd and 4th floors.  49 CITY COMMISSION JULY 11, 2023 ii.The step-back can either be 15 feet for 40 percent of the linear building frontage (Option A), or 20 feet for 30 percent of the linear building frontage (Option B). e. Public access easement. i. If a public access easement of a minimum of 15 feet is provided from the public right-of-way to the river, the step-back requirement of Table 5.8.03.E. shall only apply to the river and street faces of the building. ii. Administrative Departure. Where public access to the river already exists within 100 feet, the side façade step-back requirement can be waived without providing public access as described in 5.8.03.E.1. Section 8. That Title V, Chapter 61, Section 5.8.03. of the Code of the City of Grand Rapids be amended to add a new subsection F., to read as follows: Sec. 5.8.03. Grand River Overlay District (OD-GR). “F. Grand River Overlay District Bonus Height Criteria. Development projects in the DH-2(a) Overlay District and TN-TCC Zone District that fall within the Grand River Overlay District may qualify for height bonuses in accordance with Table 5.8.03.F. using the criteria described below. Table 5.8.03.F. Bonus Heights: Properties within Grand River Overlay District Underlying Zone Bonus Incentive/Bonus District Stories Parallel to river Public access easement with trail 9 DH-2(a) (30 ft wide) Public art 1 Parallel to the Public access easement with trail 2 river (30 ft wide) TCC Public art 1 1. Public Access Easement a. To qualify for the bonus height, a public access easement at least thirty (30) feet wide, extending across the entirety of the lot on the river side of the main building shall be provided. b. Access shall be through permanent easements and shall conform to the provisions of urban open space of Section 5.11.14.B.3. Configuration and Section 5.11.14.B.4. Availability. c. A multi-use trail shall also be provided that conforms to the requirements of the City Parks and Recreation Department. 2. Public Art. a. A development that elects this bonus may use any of the following methods.  JULY 11, 2023 CITY COMMISSION 50 i. Allocate one (1) percent of the estimated construction cost for a permanent, on-site public art project(s). The artwork created must be where the public can access the artwork during normal business hours or continually view the artwork from off the site; or ii. Contribute one (1) percent of the project's estimated construction cost to the Arts Advisory Committee. b. Regardless of the above method selected, the minimum required expenditure shall be ten thousand dollars ($10,000.00). c. Public art installations on private property shall be maintained by the property owner.” Section 9. That Title V, Chapter 61, Section 5.16.02. of the Code of the City of Grand Rapids be amended to read as follows: Sec. 5.16.02. Definitions. STEP-BACK “A horizontal portion of a building or structure that is recessed a specified distance from the façade of the story immediately below it. Once a building façade has been stepped back, it may not extend past the step-back line on a higher story.” PUBLIC HEARINGS 92736 Result: Referred to Committee of the Whole. Public hearing on an amendment to Section 9.108 and adding Section 9.108a to Chapter 151 "Nuisances" of the Grand Rapids City Code. 92737 Result: Referred to Committee of the Whole. Public hearing on an amendment to Section 9.136 of Chapter 152 "Disorderly Conduct" of the Grand Rapids City Code. DOCUMENTS FILED 92738 Result: Received and Filed. Final Settlement Agreement and Release of All Claims with Steven Pitsch submitted for the public record. 92739 Result: Received and Filed. Club Car Connect License and Service Agreement submitted for the public record. 92740 Result: Received and Filed. Professional Services Agreement with Migrant Legal Aid, Inc. submitted for the public record.  51 CITY COMMISSION JULY 11, 2023 92741 Result: Received and Filed. Document submitted by 86 individuals urging the Commission not to pass the proposed ordinance. ADJOURNMENT Commission adjourned at 6:53 PM JOEL H. HONDORP City Clerk