City Commission - Regular Session

OFFICIAL PROCEEDINGS OF THE City Commission OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, July 25, 2023 CALL TO ORDER Commission was called to order by Mayor Rosalynn Bliss at 7:00 PM ROLL CALL Present: Mayor Bliss, Commissioner O’Connor, Commissioner Ysasi, Commissioner Moody, Commissioner Perdue, Commissioner Robbins (Remote due to military duty), Commissioner Knight Absent: None. The roll was called by the City Clerk. Commissioner Robbins attended remotely due to military duty. APPROVAL OF MINUTES On the motion of Com. Jon O’Connor, supported by Com. Milinda Ysasi, the reading of the minutes of the Regular Session of July 11, 2023 was waived and said minutes were accepted as presented. Carried. On the motion of Com. Jon O’Connor, supported by Com. Milinda Ysasi, the reading of the minutes of the Special Meeting of July 13, 2023 was waived and said minutes were accepted as presented. Carried. PETITIONS AND COMMUNICATIONS 92743 Result: Received and Filed. Communication received from Nick Wasmiller expressing support for the proposed ordinances. 92744 Result: Received and Filed. Communication received from Michael Nelson, Chief Operating Officer and Chief People Officer for Amway Corporation, expressing support for the proposed ordinances. 92745 Result: Received and Filed. Communication received from Robb Munger, President/CEO of Exodus Place, expressing support for the proposed ordinances. 1  JULY 25, 2023 CITY COMMISSION 2 92746 Result: Received and Filed. Communication received from Michael Ellis, President of Ellis Parking, expressing support for the proposed ordinances. 92747 Result: Received and Filed. Communication received from Thomas Tooley, Executive Vice President of Ghafari Associates, expressing support for the proposed ordinances. 92748 Result: Received and Filed. Communication received from Paul W. Boehms, Executive Director for Warner Norcross + Judd LLP, expressing support for the proposed ordinances. 92749 Result: Received and Filed. Communication received from Paulus C. Heule, CEO Eenhoorn, LLC, expressing support for the proposed ordinances. 92750 Result: Received and Filed. Communication received from Greg Schierbeek, President/CEO of Eikenhout Inc., expressing support for the proposed ordinances. 92751 Result: Received and Filed. Communication received from Jerry Kooiman expressing support for the proposed ordinance amendments. 92752 Result: Received and Filed. Communication received from Dennis B. Murphy including suggestions to aid the unhoused and an example of the Grand Rapids Police Department helping when issues arise. 92753 Result: Received and Filed. Communication received from Meredith Bradley expressing support for the ACLU's position on the proposed ordinances. 92754 Result: Received and Filed. Communication received from Tami VandenBerg, Co-owner of The Pyramid Scheme and The Meanwhile expressing opposition to the proposed ordinances and offering suggestions and solutions. 92755 Result: Received and Filed. Communication received from Mark Baker, Soft Lights Foundation President, regarding LED lights. 92756 Result: Referred to Committee on Appoi. Communication from Salim Al-Shatel regarding their resignation from the City Planning Commission. 92757 Result: Received and Filed. Communications received by Pete Walsh regarding the unhoused.  3 CITY COMMISSION JULY 25, 2023 92758 Result: Received and Filed. Communication received from Asja Jackson urging the City Commission to reject proposed ordinance amendments. 92759 Result: Received and Filed. Communication received from Stephanie Mabie urging the City Commission to vote no on proposed ordinance amendments. 92760 Result: Received and Filed. Communication (118) received urging the City Commission to vote no on the proposed ordinance amendments. 92761 Result: Received and Filed. Communications (4) received expressing support for the proposed ordinances. 92762 Result: Received and Filed. Communication received from Lucas Leverett with community-centered ideas. REPORTS OF CITY OFFICERS 92763 Result: Received and Filed. Commissioner Drew Robbins participating remotely at the meeting of the City Commission on July 25, 2023. 92764 Result: Received and Filed. City Manager's Endorsement of the River Equity Framework. 92765 Result: Received and Filed. Comptroller’s report for the period of June 28, 2023 through July 11, 2023 in the amount of $18,408,546.62. 92766 Result: Received and Filed. Treasurer’s report for the period of June 23, 2023 through July 12, 2023. CONSENT AGENDA A. CONSENT AGENDA 92767 Result: Adopted. Mover: O’Connor. Supporter: Moody. Adoption of the following items under the consent agenda. B. COMMITTEE ON APPOINTMENTS 92768 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that the appointment of Marcus Hargrave to the Parks and Recreation Advisory Board for the remainder of a three-year term ending January 1, 2024, be rescinded.  JULY 25, 2023 CITY COMMISSION 4 92769 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the proposed slate of the following 10 members: Brandy Kimbrel, Yvonne Jackson, Eugene Sueing, Erika VanDyke, Willie Lonnie Patterson III, Tiawanna Monque Ezell, Kirk Eklund, Chel’le Horton, Juan Rosario, and Stacy Stout, are appointed to fill the remaining initial Board of Directors seats for the Seeding Justice Grand Rapids non-profit organization. 2. Upon completion of the Committee on Appointment process, the Seeding Justice Grand Rapids board of directors shall assign staggered service terms to each new board member at the first regularly scheduled board meeting. C. FISCAL COMMITTEE 92770 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the Mayor is hereby authorized to sign an Intergovernmental Agreement with West Michigan Regional Medical Consortium (WMRMC), after approval by the City Attorney, for the purpose of delineating the relationship and responsibilities between the WMRMC and the City of Grand Rapids, and the Region 6 Homeland Security Planning Board, regarding the FY2022 Homeland Security Grant Program and use of Grant Program funds, including but not limited to, the purchase, use, and tracking of equipment purchased with Grant Program funds, purchase or reimbursement of services with Grant Program funds, and/or reimbursement for certain salaries and/or backfill/overtime with Grant Program funds; and 2. That the Mayor is hereby authorized, after approval by the City Attorney, to execute other documents necessary to obtain and fulfill the grant requirements, and to take other actions necessary to fulfill the grant requirements; and 3. That the term of the agreement is from the date of execution through May 31, 2025, the FY 2022 Homeland Security Grant. 92771 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED, that the City pay Invoice #23070500825 for Oblique Aerial Imagery to Kent County Treasurer in the amount of $10,603.97.  5 CITY COMMISSION JULY 25, 2023 92772 Result: Adopted. Mover: O’Connor. Supporter: Moody. RESOLVED: 1. That the City Commission authorizes a Personal Services Contract with Carol Gornowich for recording secretary services for various City Boards and Commissions for an amount not to exceed $25,000 per fiscal year; and 2. That the period of performance is from July 1, 2023 to June 30, 2026; 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. 92773 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. That the City of Grand Rapids Water System is seeking approval to execute Lease Agreements between the City and T-Mobile to utilize the Cambridge, Knapp, and Leonard Water Tanks, located at 1439 Cambridge Dr. SE; 1856 Herrick Ave NE; 2723 Leonard St NW, respectively, in the City of Grand Rapids, MI.; and 2. That the initial term of the agreement was for five (5) years, and T-Mobile wishes to renew the annual lease for an additional 30 years; and 3. That the new annual site lease payments will take effect November 3, 2023, at a rate of $22,500; the annual fee shall increase 15 percent every five years. Funds shall be deposited in Water Supply System account number 5910-536-1000-6671; therefore RESOLVED that the City Commission authorizes the City of Grand Rapids to enter into lease agreements with T-Mobile regarding the Cambridge, Knapp, and Leonard Water Tanks, located at 1439 Cambridge Dr. SE; 1856 Herrick Ave NE; 2723 Leonard St NW, respectively, each for a 30-year period, and the Mayor is authorized to execute the contracts on behalf of the City in a form approved by the City Attorney. 92774 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. On December 13, 2022 (Proceeding No. 92237), the City Commission approved a Construction Letter Agreement, a Sanitary Sewer Financing Agreement, and a Water Main Financing Agreement between the City of  JULY 25, 2023 CITY COMMISSION 6 Grand Rapids and the City of Walker to facilitate public sanitary sewer and water main construction in connection with the project Sanitary Sewer Relocation and Water Main in Bristol Avenue (Coopersville and Marne Railway Bridge Replacement). 2. It is necessary to supplement the project budget for Sanitary Sewer Relocation and Water Main in Bristol Avenue (Coopersville and Marne Railway Bridge Replacement) by transferring previously approved budget amounts of $100,000 from the Sewer System Fund Infrastructure Investment Project account; therefore RESOLVED: 1. That the aforesaid Budget Substitution in the amount of $100,000 for Sanitary Sewer Relocation and Water Main in Bristol Avenue (Coopersville and Marne Railway Bridge Replacement) be approved and the Budget Office is authorized to execute the transfer on behalf of the City. 92775 Result: Adopted. Mover: O’Connor. Supporter: Moody. 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. POWER Engineers One-year term contract with two, one-year renewal options for continued as-needed development and configuration services of Cityworks software for Mobile GR from POWER Engineers for the annual not-to-exceed amount of $35,000.00. FURTHER RESOLVED that the Purchasing Agent be authorized to proceed with awards to the following vendors: 2. Truck & Trailer Specialties Cooperative purchase through the State of Michigan MiDEAL Contract #200000000034 for the purchase and installation of Original Equipment Manufacturer (O.E.M.) Monroe v-box salter spreader units for the Fleet Management Department from Truck & Trailer Specialties for the total amount of $170,168.00. 3. MacQueen Equipment, LLC Cooperative purchase through the State of Michigan MiDEAL Contract #071B7700091 for the purchase of three Original Equipment Manufacturer (O.E.M.) Elgin Pelican street sweepers for the Fleet Management Department from MacQueen Equipment, LLC (dba Bell Equipment Company) for the total amount of $932,603.19.  7 CITY COMMISSION JULY 25, 2023 4. ESRI, Inc. A cooperative purchase through the State of Michigan MiDEAL program for a one-year term contract with two, one-year renewal options for annual ArcGIS licensing and support for the Technology and Change Management Department from ESRI for the first year annual amount of $74,801.00; renewals for additional contract years for continued licensing and support will be processed per the costs received from ESRI. The estimated three-year total amount is $224,403.00. 5. J&B Motorcycles of GR Inc. Purchase of five (5) Original Equipment Manufacturer (O.E.M.) BMW R1250-RT-P motorcycles for the Police Department from J&B Motorcycles of GR Inc. (dba BMW Motorcycles of Grand Rapids) for the total amount of $131,431.70. D. COMMUNITY DEVELOPMENT COMMITTEE 92776 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1) Pursuant to Title X, Section 24, of the Charter of the City of Grand Rapids, it is the duty of every owner of land situated in the City of Grand Rapids to abate and remove any nuisance thereon and comply with all orders and demands made by the Director of Public Welfare for the sanitary and healthful management and use of said lands and buildings and the appurtenances thereon situated; and 2) Pursuant to said charter provision and the pertinent provisions of the City Code, the owners of certain real property located in the City of Grand Rapids have been ordered to abate and remove any nuisances thereon; and 3) The Code Compliance Manager, as the designated representative of the Director of Public Welfare, has heretofore given notice in the manner provided by charter and ordinance to the owner/responsible person to abate said nuisance and specifying the character of the work to be done; and 4) The owner/responsible person of such property has in each instance failed to abate said nuisance as required by said notice; and 5) The Code Compliance Manager has caused the nuisance to be abated at the expense of the City, and the City has a lien on such land for such amount, together with the costs, penalties and interest thereon until paid; and  JULY 25, 2023 CITY COMMISSION 8 6) The Code Compliance Manager has kept a duplicate of said notice and endorsed thereon the date and manner of such service; and 7) A certified account of the expense thereof to abate said nuisances has been prepared by the Code Compliance Manager and filed with the City Treasurer, and a copy of such certified account has been furnished to the owner of each property, if known; and 8) Pursuant to attached Exhibit A, the City Treasurer, in accordance with Title X, Section 25, of the City Charter has reported to the City Commission the accounts for nuisances remaining unpaid from billings with due dates from January 1, 2023, through June 30, 2023; therefore RESOLVED: 1) That the City Assessor be and is hereby ordered and directed to prepare and make assessment roll #8782, with each description of property constituting a separate assessment district and the several assessment districts to be combined in one assessment roll, and the amount of the unpaid account as herein stated, plus applicable late charges and billing fees, is to be assessed against the respective descriptions of property; and 2) That upon completion of the making of said assessment roll, the City Assessor shall give such notice of the proceedings that shall be had with respect thereto as is provided for assessment rolls for public and special improvements under Chapter 10 of the Ordinance Code of the City of Grand Rapids, and the City Assessor shall give notice of the session of the City Commission acting thereon and notice of the opportunity to be heard to all persons liable to be assessed on Roll #8782. 92777 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. On February 21, 2023 (Proceeding No. 92358) the City approved a Construction Agreement in connection with Water Main in Public Easement (NE) East Sedona Hills Court (Pvt.) and West Sedona Hills Court (Pvt.) and in Public Easement (NE) (Sedona Hills); and 2. The developer/property owner identified in the aforesaid agreement (Halland Homes, LLC) has sold the property and project to Bradford Hills LLC, therefore it is necessary to rescind a portion of a resolution (City Commission Proceeding No. 92412) dated February 21, 2023; and 3. It is necessary to approve a Construction Agreement between the City of Grand Rapids, Grand Rapids Charter Township and Bradford Hills LLC (Developer); therefore RESOLVED:  9 CITY COMMISSION JULY 25, 2023 1. The approval of the Construction Agreement with Grand Rapids Charter Township and Halland Homes, LLC (City Commission Proceeding No. 92412 of February 21, 2023), is hereby rescinded; and 2. That the aforesaid Construction Agreement between the City of Grand Rapids, Grand Rapids Charter Township and Bradford Hills LLC, be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said Agreement on behalf of the City. 92778 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, bids were received on June 27, 2023 for the following project: Replacement of North Header Flowmeter at Market Avenue Pump Station (hereinafter referred to as the “Project”) and Allied Mechanical Services, Inc. (Allied) submitted a bid of $353,480 for which the engineer’s estimate, prepared by Tetra Tech of Michigan PC (Tetra Tech) is $330,001; therefore RESOLVED: 1. That the bid of Allied 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 $464,324 which includes the costs of the construction contract, previously authorized design phase services by TetraTech, construction phase services including inspection by TetraTech, administration, and contingencies. Said amount of $464,324 to be charged to the applicable Sewer 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. 92779 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS: 1. On June 21, 2022 (Proceeding No. 91802) the City awarded a contract and authorized expenditures in connection with Emergency Generator Replacement at Various Fire Stations; and  JULY 25, 2023 CITY COMMISSION 10 2. It is necessary to approve a utility easement to Consumers Energy Company at the fire station at 500 Bridge Street NW; therefore RESOLVED: 1. That a utility easement is hereby approved to Consumers Energy Company at the described property for nominal consideration of One Dollar ($1.00): Consumers Energy Company ($1.00) One Energy Plaza Jackson, Michigan 49201 500 Bridge St. NW, Parcel No. 41-13-25-127-010; and 2. That the Mayor is hereby authorized to execute the aforesaid utility easement on behalf of the City contingent upon approval as to form by the City Attorney; and 3. That the City Clerk is hereby authorized and directed to record the aforesaid utility easement with the Kent County Register of Deeds. 92780 Result: Adopted. Mover: O’Connor. Supporter: Moody. WHEREAS, it is necessary to approve an Encroachment Agreement for the construction of a planter box in Monroe Avenue NW, in connection with Water Main Relocation and Storm Sewer in Public Easement (NE) Bond Avenue (Vacated) and Improvements in Fairbanks Street (Spectrum Health - Center for Transformation and Innovation); therefore, RESOLVED: 1. That the aforesaid Encroachment Agreement between the City of Grand Rapids and Corewell Health be approved and that, upon approval as to form by the City Attorney, the Mayor and City Clerk be authorized to execute said Agreement on behalf of the City. ORDINANCES 92781 Result: Adopted. Mover: O’Connor. Supporter: Ysasi. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight ORDINANCE NO. 2023 - 27 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That the following constitutes amended additions to the designated line items of Section 1 of Ordinance 2023-15, the Budget of the City of Grand Rapids for Fiscal Year 2024, as amended.  11 CITY COMMISSION JULY 25, 2023 General Operating Fund Previously Approved Resources 178,677,522.00 Other - From (To) Fund Balance 7,000,000.00 Total Amended Resources 185,677,522.00 Previously Approved Appropriations 178,677,522.00 Contingent (91,608.00) Police Department 91,608.00 Fiscal Services Department 7,000,000.00 Total Amended Appropriations 185,677,522.00 Police Grants Fund Previously Approved Resources - Other 497,026.99 From (To) Fund Balance - Total Amended Resources 497,026.99 Previously Approved Appropriations - Requested Changes 497,026.99 Total Amended Appropriations 497,026.99 Financial Management System Fund Previously Approved Resources 472,581.00 Other 7,000,000.00 From (To) Retained Earnings - Total Amended Resources 7,472,581.00 Previously Approved Appropriations 472,581.00 Requested Changes 7,000,000.00 Total Amended Appropriations 7,472,581.00 Water Operations Fund Previously Approved Resources 58,174,385.00 Other - From (To) Retained Earnings 315,000.00 Total Amended Resources 58,489,385.00 Previously Approved Appropriations 58,174,385.00 Requested Changes 315,000.00 Total Amended Appropriations 58,489,385.00 Water Replacement Fund Previously Approved Resources 15,012,000.00 Other 315,000.00 From (To) Retained Earnings - Total Amended Resources 15,327,000.00 Previously Approved Appropriations 15,012,000.00 Requested Changes 315,000.00  JULY 25, 2023 CITY COMMISSION 12 Total Amended Appropriations 15,327,000.00 Fire Grants Fund Previously Approved Resources - Other 84,828.00 From (To) Fund Balance - Total Amended Resources 84,828.00 Previously Approved Appropriations - Requested Changes 84,828.00 Total Amended Appropriations 84,828.00 Result: Adopted. Mover: O’Connor. Supporter: Perdue. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to give Ordinance immediate effect. 92782 Result: Postponed. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Consideration of amendments to the Zoning Ordinance (Chapter 61 of the City Code) pertaining to the Billboard Exchange Program. 92783 Result: Adopted. Mover: Perdue. Supporter: Knight. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight 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 - 28 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.  13 CITY COMMISSION JULY 25, 2023 (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 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.” 92784 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Robbins Nays: Kelsey Perdue, Lisa Knight ORDINANCE AMENDING SECTION 9.108 AND ADDING SECTION 9.108a OF CHAPTER 151 “NUISANCES” OF TITLE IX OF THE GRAND RAPIDS CITY CODE ORDINANCE NO. 2023 - 29 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 9.108 of Chapter 151, Title IX of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 9.108. - Nuisances Prohibited on Public and Private Property. The following conditions are declared a public nuisance. All property within the City, whether occupied or vacant, improved or unimproved, shall be maintained by the owner free of the following nuisances: (1) Ragweed, poison ivy, poison sumac, poison oak and similar plants. (2) Any grass, weeds or undergrowth higher or longer than twelve (12) inches, except: (a) On portions of undeveloped property behind a wooded tree line. (b) On portions of unsubdivided lands more than twenty-five (25) feet from a public sidewalk or a street open to the public. (c) On portions of undeveloped lots in a subdivision less than sixty (60) percent developed lying more than twenty-five (25) feet from a public sidewalk or public street.  JULY 25, 2023 CITY COMMISSION 14 (3) Any bush, shrub, tree or other vegetation or portion thereof obstructing the line of vision or interfering with passage of pedestrians or motorists on a sidewalk, walkway, driveway or street. (4) Stagnant or Unsanitary Water. (5) Garbage or rubbish or any other unhealthy, hazardous or offensive condition, object or substance, subject to the following exceptions. Residential composting, as that term is defined in this Chapter, shall be permitted subject to the following conditions: (a) Residential composting is only permitted on the premises of an occupied residential dwelling. (b) The compost may not contain animal waste, meat, bones, grease, oils, fats, or cooked foods of any kind. (c) The compost must be completely contained in a fully enclosed and commercially manufactured compost receptacle. (d) The compost receptacle must be located in the rear yard of the residential dwelling. (e) The compost receptacle must be kept tightly covered except when opened for deposit or removal of compost materials. (f) The compost receptacle shall have a capacity of no greater than 64 cubic feet. (g) The compost receptacle shall be constructed of rigid and durable materials, which shall not include any of the following: burlap, tarp, vehicle tires, wire mesh, chicken wire, flexible fencing material of any kind, or any substantially similar materials. (6) Any dead tree or any portion thereof, or any dying tree that presents a hazard to any member of the public or to property. (7) Any Unsecured Building. An unoccupied or vacant building, structure or part thereof shall be kept secured by the owner against unauthorized entry and water damage. Boarding shall be done in a manner and with materials as specified in Section 9.110 of this Code. (8) Reserved. (9) Refrigerators, Freezers, or Similar Equipment Providing Enclosed Spaces. A refrigerator, an airtight container, a tank with an open access hole and any other contrivance or property which encloses or substantially encloses a space is declared to be an unlawful and immediate hazard, a nuisance and a violation of this Code if placed anywhere outdoors in a manner which could result in injury or death. Such declared hazard, space or equipment may be abated as an emergency without notice. Upon making harmless a  15 CITY COMMISSION JULY 25, 2023 violation of this Section, the City shall issue a notice to abate the violation as set forth in Section 9.111 of this Chapter. (10) Failure to Maintain Alleys, Parkways, or Property Abutting Public Right-of- Ways. Every owner shall be responsible for maintaining the following public access areas abutting their property in compliance with this Article, including the following: (a) The sidewalk and parkway to the curb or street pavement, except for dead trees; (b) A public or utility easement to the centerline; (c) An alley or alleyway to the centerline, except for standing or stagnant water. (11) Inoperable, Unlicensed or Unregistered Vehicles. No more than one (1) operable vehicle, that is unlicensed or unregistered shall be located outdoors for more than seven (7) days on a property with a residential or commercial structure. Such vehicle must be located behind a dwelling or commercial building. Inoperable, unlicensed or unregistered vehicle storage is prohibited on any vacant property, whether a structure exists on the property or not. (12) Outdoor Furniture. Any furniture or furnishings manufactured or intended to be for indoor use and is not constructed to be used outdoors, shall not be placed within the yard or on any unenclosed porch or similar area that will allow access for vermin, weather or arson." Section 2. That Section 9.108a of Chapter 151, Title IX of the Code of the City of Grand Rapids be added to read as follows: “Sec. 9.108a. - Personal Property, Belongings, Furnishings or Equipment Left in the Right-of-Way. (1) Definitions. The definitions contained in this subsection shall govern the construction, meaning and application of words and phrases used in this section. (a) City Employee means any full or part-time employee of the City of Grand Rapids or a contractor retained by the City for the purpose of implementing this Section. (b) Essential Personal Property means any and all personal property that cumulatively is less than two cubic feet in volume, which, by way of example, is the amount of property capable of being carried within a backpack. (c) Excess Personal Property means any and all personal property that cumulatively exceeds the amount of property that could fit in a 32- gallon container with the lid closed.  JULY 25, 2023 CITY COMMISSION 16 (d) Personal Property means any tangible property, and includes, but is not limited to, goods, materials, merchandise, Tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents, and medication. (e) Public Area or Public Areas means all property that is owned, managed or maintained by the City, including property under the jurisdiction of the Department of Parks and Recreation, and shall include, but not be limited to, any street, sidewalk, medial strip, space, ground, park, building or structure. (f) Store, Stored, Storing or Storage means to put personal property aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a public area. Moving personal property to another location in a public area or returning personal property to the same block on a daily basis shall be considered storing. This definition shall not include any personal property that, pursuant to statute, ordinance, permit, regulation or other authorization by the City or State, is stored with the permission of the City on real property that is owned or controlled by the City. (g) Unattended means no person is present with the personal property to assert or claim ownership of the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property. (2) Regulation and Impoundment of Stored Personal Property; Discard of Certain Stored Personal Property. (a) No person shall store any unattended personal property or attended excess personal property in a public area. With pre-removal notice as specified in Subsection 3(a), the City may impound any unattended personal property in a public area, regardless of volume. Post-removal notice shall be provided as set forth in Subsection 3(b). (b) No person shall store any attended excess personal property in a public area. With pre-removal notice as specified in Subsection 3(a), the City may impound any attended excess personal property stored in a public area. Post-removal notice shall be provided as set forth in Subsection 3(b). (c) No person shall store any personal property in a public area in such a manner as to obstruct, disrupt, or interfere with City operations of any nature, including but not limited to maintenance or cleaning. Without prior notice, the City may temporarily move personal property, whether 17 CITY COMMISSION JULY 25, 2023 attended or unattended, which is obstructing City operations in a public area during the time necessary to conduct the City operations. The City also may impound personal property that is obstructing City operations in a public area, pursuant to Subsection 3(a) or 3(b). (d) No person shall store any personal property in a public area in such a manner that it does not allow for passage as provided by the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to time. Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, stored in a public area in such a manner that it does not allow for passage as required by the ADA. Post-removal notice shall be provided as set forth in Subsection 3(b). (e) No person shall store any personal property, whether attended or unattended: (i) Within ten (10) feet of any operational or utilizable driveway or loading dock; (ii) Within five (5) feet of any operational or utilizable building entrance or exit; (iii) Within two (2) feet of any fire hydrant, fire plug, or other fire department connection; or (iv) In a manner which intentionally blocks or interferes with others’ ability to safely use a public bench or other physical public sitting structure. (v) Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, stored in a public area in violation of this subsection. Post-removal notice shall be provided as set forth in Subsection 3(b). (f) No person shall store any personal property in a public area if the personal property, whether attended or unattended, constitutes an immediate threat to the public health or safety. Without prior notice, the City may remove and may discard any personal property stored in a public area if the personal property poses an immediate threat to the health or safety of the public. (i) Garbage or rubbish or any other unhealthy, hazardous or unsafe item may be disposed immediately pursuant to City protocol and is not required to be stored pending disposal. (g) No person shall store any personal property, whether attended or unattended, in such a manner that obstructs or interferes with any activity in a public area for which the City has issued a permit. Without prior notice, the City may move and may immediately impound any  JULY 25, 2023 CITY COMMISSION 18 personal property stored in a public area in violation of this subsection. Post-removal notice shall be provided as set forth in Subsection 3(b). (h) No person shall store any personal property, whether attended or unattended, in such a manner as to obstruct any portion of a street or other public right-of-way open to use by motor vehicles, a designated bike lane or bike path, or other public right-of-way open exclusively to use by bicycles. Without prior notice, the City may move and may immediately impound any personal property, whether attended or unattended, in violation of this subsection. Post-removal notice shall be provided as set forth in Subsection 3(b). (3) Notice. (a) Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written notice is provided to the person who is storing or claims ownership of the personal property, or is posted conspicuously on or near the personal property. The written notice shall contain the following: (i) A general description of the personal property to be removed. (ii) The location from which the personal property will be removed. (iii) The date and time the notice was posted. (iv) A statement that the personal property has been stored in violation of Subsection 2. (v) A statement that the personal property may be impounded if not removed from public areas. (vi) A statement that moving personal property to another location in a public area shall not be considered removal of personal property from a public area. (vii) The address where the removed public property will be located, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property as well as information as to voluntary storage location(s). (viii) A statement that impounded personal property may be discarded if not claimed within thirty (30) days after impoundment. (b) Post-Removal Notice. Upon removal of stored personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written notice shall contain the following: (i) A general description of the personal property removed.  19 CITY COMMISSION JULY 25, 2023 (ii) The date and approximate time the personal property was removed. (iii) A statement that the personal property was stored in a public area in violation of Subsection 2. (iv) The address where the removed personal property will be located, including a telephone number and internet website of the City through which a person may receive information as to impounded personal property. (v) A statement that impounded personal property may be discarded if not claimed within thirty (30) days after impoundment. (4) Storage and Disposal. (a) Except as specified herein, the City shall move personal property to a place of storage. (b) Except as specified herein, the City shall move and store impounded personal property for 30 days, after which time, if not claimed, it may be discarded. The City shall not be required to undertake any search for, or return, any impounded personal property stored for longer than thirty (30) days. (c) The City shall maintain a record of the date any impounded personal property was discarded. (d) Garbage or rubbish or any other unhealthy, hazardous or unsafe item may be disposed immediately pursuant to City protocol and is not required to be stored pending disposal. (5) Repossession. The owner of impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish satisfactory proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property. An owner of personal property shall not be charged a fee if repossession occurs within thirty (30) days of removal. (6) Ban on Tents and other Attachments in Certain Public Areas and Regulation of Hours in other Public Areas. (a) Unless a permit is obtained, no person shall erect, configure, construct, maintain, use, occupy, or allow to remain erected any tent in any public area. Without prior notice, the City may deconstruct any tent, whether attended or unattended, in violation of this subsection. With pre-  JULY 25, 2023 CITY COMMISSION 20 removal notice as specified in Subsection 3(a) or posted signage, the City may impound any tent in violation of this subsection. (b) No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any public property, including but not limited to, a building or portion or protrusion thereof, fence, bus shelter, trash can, mailbox, pole, bench, news rack, sign, tree, bush, shrub or plant, without prior written consent of the City. (c) No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any private property in such a manner as to create an obstruction on or across any street or area where the public may travel. (d) Without prior notice, the City may remove any barrier, string, wires, ropes, chains or other attachment of personal property, whether attended or unattended, to any public property, or to any private property which creates an obstruction to any Street or area where the public may travel.” 92785 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Robbins Nays: Kelsey Perdue, Lisa Knight ORDINANCE AMENDING SECTION 9.136 OF CHAPTER 152 “DISORDERLY CONDUCT” OF TITLE IX OF THE GRAND RAPIDS CITY CODE ORDINANCE NO. 2023 - 30 THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That Section 9.136 of Chapter 152, Title IX of the Code of the City of Grand Rapids be amended to read as follows: “Sec. 9.136. - Miscellaneous Offenses. (1) Definitions. As used in this section and unless otherwise defined: (a) Loitering means lingering or hanging around without any apparent purpose in a place described in Subsection (2)(c) or (2)(d) of this Section. (b) Accost means repeated nonconsensual conduct directed to another person in such a manner as would cause a reasonable person to feel harassed, intimidated, or that a commission of a criminal act was about to occur. (2) No person shall:  21 CITY COMMISSION JULY 25, 2023 (a) Engage in peeping in the windows of any inhabited place. (b) Make an indecent exposure of his or her person. (c) Loiter in any public building or in any other building or premises owned by another person after having been requested to leave by the lawful owner or occupant or a representative of the owner or occupant. (d) Loiter or obstruct a doorway in such a manner that interferes with the functioning of the door, or an individual’s ability to pass through the doorway. (e) Accost another person: (i) Within twenty (20) feet of any Automated Teller Machine (ATM). (ii) In any public transportation vehicle, such as a bus or train, or within twenty (20) feet of where such a vehicle takes on or releases passengers. (iii) In any outdoor dining area or within twenty (20) feet of any outdoor space where individuals are consuming food or beverage. (iv) At any permitted special event or within twenty (20) feet of a permitted special event entrance or exit. (f) Knowingly engage in or advertise any business which offers as its principal activity the providing of nude models for artists or photographers. (g) Fire or shoot any air gun, spring gun, bow and arrow, slingshot or other dangerous weapon or instrument in any street, avenue, alley, public place or in any place in such a manner as to endanger or be likely to endanger any person or property.” CITY COMMISSION RESOLUTIONS Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight Motion to suspend the rules. 92786 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight RESOLVED that the City Attorney is authorized to compromise, settle and redeem on behalf of the Grand Rapids Police Department and City of Grand Rapids the Michigan Department of Civil Rights (MDCR) complaint captioned Michigan Department of Civil Rights, Ex. Rel., Melissa Mason v Grand Rapids Police Department, MDCR No. 610406 and the related MDCR charge  JULY 25, 2023 CITY COMMISSION 22 captioned, Michigan Department of Civil Rights ex rel., Melissa Mason v. Grand Rapids Police Department and City of Grand Rapids, MOAHR Case No. 22-002980, and all potential claims related thereto by cash payment of Forty- Five Thousand and No/100ths Dollars ($45,000.00), to Melissa Mason and Drew Cooper & Anding, by the City of Grand Rapids, plus the cost of Mason’s share of the mediator’s fees in the amount of One Thousand, Four Hundred, Fourteen and 50/100ths ($1,414.50), by the City of Grand Rapids to William Jack at Smith Haughey Rice & Roegge. FURTHER RESOLVED that the Comptroller be and is hereby authorized and directed to issue a check to Melissa Mason and Drew Cooper & Anding, in the amount of Forty Five Thousand and No/100ths Dollars ($45,000.00), and pay in full the invoice received for mediator’s fees from William Jack at Smith Haughey Rice & Roegge. 92787 Result: Adopted. Mover: O’Connor. Supporter: Moody. Yeas: Bliss, O’Connor, Ysasi, Moody, Perdue, Robbins, Knight WHEREAS the City of Grand Rapids filed a lawsuit to address the public nuisance that is the Opioid Epidemic, which named, among other companies, Walgreens (“Settling Defendant”): WHEREAS the Settling Defendant has negotiated a proposed national settlement agreements (“Proposed Settlement”) with the State Attorneys General, and a Plaintiff Executive Committee-designated negotiating committee that represents approximately 4,000 local governments that have brought lawsuit similar to the City of Grand Rapids’ lawsuit; and WHEREAS the Proposed Settlement contains relief, including projected payments to the City of Grand Rapids totaling $938,387.37 over 15 years; and WHEREAS the City of Grand Rapids previously executed Participation Agreements for the Distributor, Janssen, Teva Pharmaceuticals Industries, Ltd., Allergan Finance LLC, CVS Health Corp and CVS Pharmacy, Inc., and Walmart Inc. Settlements, which have conferred and continue to confer valuable benefits; and WHEREAS the City of Grand Rapids desires to enter into the allocation method which allocates settlement funds on a 50/50 basis to: 1. Participating Local Governments who have elected to participate in the Proposed Settlements; and 2. The State of Michigan; and WHEREAS the City of Grand Rapids previously executed the Michigan State-Subdivision Agreement for Allocation of the Distributor Settlement Agreement, Janssen Settlement Agreement, Teva Pharmaceuticals Industries Ltd. Settlement Agreement, Allergan Finance, LLC Settlement Agreement, CVS  23 CITY COMMISSION JULY 25, 2023 Health Corp and CVS Pharmacy Inc Settlement Agreement, and Walmart Inc. Settlement Agreement, which allocated funds attributed to the State of Michigan in a streamlined and equitable manner; now therefore RESOLVED that: 1. The City of Grand Rapids authorizes the execution of Participation Agreement for the Master Settlement Agreement with Walgreens by August 18, 2023 which is listed and available to the public at https://nationalopioidsettlement.com; and 2. The City of Grand Rapids authorizes the execution of the First Addendum to the Michigan State-Subdivision Agreement for Allocation of Allergan, Teva, CVS, and Walmart Settlement Agreements by August 18, 2023. 3. The City of Grand Rapids authorizes the execution for the Second Addendum to the Michigan State-Subdivision Agreement for Allocation of the Distributor Settlement Agreement and Janssen Settlement Agreement, by August 18, 2023. 4. For the avoidance of doubt, the City of Grand Rapids also authorizes its continued participation in the Distributor Settlement Agreement, the Janssen Settlement Agreement, the Teva Pharmaceuticals Industries Ltd. Settlement Agreement, the Allergan Finance, LLC Settlement Agreement, the CVS Health Corp and CVS Pharmacy Inc. Settlement Agreement, and the Walmart Inc. Settlement Agreement and the Michigan State-Subdivision Agreement for the Allocation of the Distributor Settlement Agreement, Janssen Settlement Agreement, Teva Pharmaceuticals Industries Ltd. Settlement Agreement, Allergan Finance, LLC Settlement Agreement, CVS Health Corp and CVS Pharmacy Inc Settlement Agreement, and Walmart Inc Settlement Agreement all previously executed. PUBLIC HEARINGS 92788 Result: Referred to Committee of the Whole. City Commission to hear appeals on Special Assessment Downtown Improvement District #8780. 92789 Result: Referred to Committee of the Whole. Public hearing to consider a Second Amendment to the Brownfield Plan for the Steelcase Campus Project located at 1151 44th Street SE. DOCUMENTS FILED 92790 Result: Received and Filed. Program Participation Agreement between U.S. Digital Response and City of Grand Rapids submitted for the public record.  JULY 25, 2023 CITY COMMISSION 24 92791 Result: Received and Filed. Software as a Service Agreement between Cityzen Solutions, Inc. and City of Grand Rapids submitted for the public record. 92792 Result: Received and Filed. Bid Document from Prein & Newhof for Lab Analysis and Testing, Copper and Lead submitted for the public record. 92793 Result: Received and Filed. Data Sharing Agreement between Michigan Bell Telephone Company, d/b/a AT&T Services and City of Grand Rapids submitted for the public record. 92794 Result: Received and Filed. Contractual Services Agreement between the Michigan Department of State Police and City of Grand Rapids submitted for the public record. 92795 Result: Received and Filed. Engineering Cost Reimbursement Agreement between Grand Rapids Eastern Railroad and City of Grand Rapids submitted for the public record. 92796 Result: Received and Filed. Neighborhood Match Fund Agreement between City of Grand Rapids and LINC Community Revitalization, Inc. for Victory Gardens project submitted for the public record. 92797 Result: Received and Filed. Memorandum of Understanding between City of Grand Rapids and Grand Rapids Asian Pacific Foundation submitted for the public record. 92798 Result: Received and Filed. Memorandum of Understanding between City of Grand Rapids and Fair Republic Corporation submitted for the public record. 92799 Result: Received and Filed. Memorandum of Understanding between City of Grand Rapids and Grand Rapids Diversity in Arts Ad Music Festival submitted for the public record. 92800 Result: Received and Filed. Memorandum of Understanding between City of Grand Rapids and Grand River Bands of Ottawa Indians submitted for the public record. 92801 Result: Received and Filed. Memorandum of Understanding between City of Grand Rapids and Mambosi Entertainment submitted for the public record. 92802 Result: Received and Filed. Memorandum of Understanding between City of Grand Rapids and Habitat for Humanity of Kent County submitted for the public record.  25 CITY COMMISSION JULY 25, 2023 92803 Result: Received and Filed. Memorandum of Understanding between City of Grand Rapids and Britney Sylvester submitted for the public record. 92804 Result: Received and Filed. Pole Line and Duct System Data Sharing Nondisclosure Agreement between Grand Rapids and Davey Resource Group, Inc. submitted for the public record. 92805 Result: Received and Filed. Memorandum of Understanding between City of Grand Rapids and Family Outreach Center submitted for the public record. 92806 Result: Received and Filed. Document filed entitled "GR Amphitheatre Acoustic Impact at Plaza Towers." ADJOURNMENT Commission adjourned at 10:38 PM JOEL H. HONDORP City Clerk