54
City of East Grand Rapids Regular City Commission Meeting Agenda The City will provide reasonable auxiliary aids for individuals requiring them for effective communication in programs and services of the City. Notice must be made to the City five (5) days prior to the program or service requesting the specific auxiliary aid. February 18, 2019 – 6:00 p.m. (EGR Community Center – 750 Lakeside Drive) 1. Call to Order. 2. Public Comment by persons in attendance. 3. Report of Mayor and City Commissioners. Regular Agenda Items 4. Resolution recognizing Embody as a non-profit for charitable gaming license (action requested). 5. Final Reading of an ordinance to amend Section 9.57E of Chapter 93 of Title IX of the City Code pertaining to fireworks regulations (approval requested). 6. Introduction of an ordinance to amend Section 5.18 of Chapter 50 of Title V of the City Code defining front yards (approval requested). 7. Introduction of an ordinance to amend Section 5.61 of Chapter 50 of Title V of the City Code regulating encroachments into required yard setbacks (approval requested). 8. Discussion of Spring Break meeting (action requested). Consent Agenda – Approval Requested 9. Receipt of communications. 10. Minutes of the special meeting held January 31, 2019. 11. Minutes of the regular meeting held February 4, 2019 12. Report of Finance Committee on disbursement of funds: payroll disbursements of $203,503.64; county and school disbursements of $168,631.65, and total remaining disbursements of $772,982.66. 13. Assignments to advisory boards and committees. 14. Permission to bid 2019 street resurfacing projects for 2019 and approval of cape seal and micro-surface bids. 15. Preliminary minutes of the Planning Commission meeting held January 8, 2019. 16. Preliminary minutes of the Parks & Recreation Commission meeting held January 14, 2019. * * *

February 18, 2019 – 6:00 p.m

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Page 1: February 18, 2019 – 6:00 p.m

City of East Grand Rapids Regular City Commission Meeting

Agenda

The City will provide reasonable auxiliary aids for individuals requiring them for effective communication in programs and services of the City. Notice must be made to the City five (5) days prior to the program or service requesting the specific auxiliary aid.

February 18, 2019 – 6:00 p.m. (EGR Community Center – 750 Lakeside Drive)

1. Call to Order.

2. Public Comment by persons in attendance.

3. Report of Mayor and City Commissioners.

Regular Agenda Items

4. Resolution recognizing Embody as a non-profit for charitable gaming license (action requested).

5. Final Reading of an ordinance to amend Section 9.57E of Chapter 93 of Title IX of the City Code pertaining to fireworks regulations (approval requested).

6. Introduction of an ordinance to amend Section 5.18 of Chapter 50 of Title V of the City Code defining front yards (approval requested).

7. Introduction of an ordinance to amend Section 5.61 of Chapter 50 of Title V of the City Code regulating encroachments into required yard setbacks (approval requested).

8. Discussion of Spring Break meeting (action requested).

Consent Agenda – Approval Requested

9. Receipt of communications.

10. Minutes of the special meeting held January 31, 2019.

11. Minutes of the regular meeting held February 4, 2019

12. Report of Finance Committee on disbursement of funds: payroll disbursements of $203,503.64; county and school disbursements of $168,631.65, and total remaining disbursements of $772,982.66.

13. Assignments to advisory boards and committees.

14. Permission to bid 2019 street resurfacing projects for 2019 and approval of cape seal and micro-surface bids.

15. Preliminary minutes of the Planning Commission meeting held January 8, 2019.

16. Preliminary minutes of the Parks & Recreation Commission meeting held January 14, 2019. * * *

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CITY OF EAST GRAND RAPIDS

750 LAKESIDE DRIVE SE · EAST GRAND RAPIDS, MICHIGAN 49506

(616) 949-2110 www.eastgr.org

KAREN BROWER CITY CLERK

MEMORANDUM TO: Mayor and City Commissioners FROM: Karen Brower, City Clerk DATE: February 12, 2019 RE: EmbodyGR Action Requested: That the City Commission consider adopting the attached resolution recognizing EmbodyGR as a nonprofit organization operating in the community for the purpose of obtaining a gaming license from the State of Michigan Charitable Gaming Division. Background: Dana Christian Lee of EmbodyGR is requesting that the City Commission recognize their organization as a nonprofit organization operating in the community for the purpose of obtaining a gaming license for upcoming fundraising events. Ms. Lee will be at the meeting representing EmbodyGR answer any questions. kb/9495 Attachments

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____________________________________________________________________________

____________________________________________________________________________

Charitable Gaming Division Box 30023, Lansing, MI 48909 OVERNIGHT DELIVERY: 101 E. Hillsdale, Lansing MI 48933 (517) 335-5780 www.michigan.gov/cg

LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES (Required by MCL.432.103(K)(ii))

At a _______________________________ meeting of the ___________________________ REGULAR OR SPECIAL TOWNSHIP, CITY, OR VILLAGE COUNCIL/BOARD

called to order by _____________________________________ on ____________________ DATE

at ______________ a.m./p.m. the following resolution was offered: TIME

Moved by __________________________ and supported by _________________________

that the request from ________________________________ of ______________________, NAME OF ORGANIZATION CITY

county of ____________________________________, asking that they be recognized as a COUNTY NAME

nonprofit organization operating in the community for the purpose of obtaining charitable

gaming licenses, be considered for _________________________.APPROVAL/DISAPPROVAL

APPROVAL DISAPPROVAL

Yeas: ___________ Yeas: ___________

Nays: ___________ Nays: ___________

Absent: ___________ Absent: ___________

I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the ________________________________ at a __________________________ TOWNSHIP, CITY, OR VILLAGE COUNCIL/BOARD REGULAR OR SPECIAL

meeting held on _________________________________. DATE

SIGNED: ____________________________________________________________________ TOWNSHIP, CITY, OR VILLAGE CLERK

PRINTED NAME AND TITLE

ADDRESS

COMPLETION: Required. PENALTY: Possible denial of application.

BSL-CG-1153(R6/09)

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1/9/2019 Our Mission - Feel Better Do Good

http://www.feelbetterdogood.org/our-mission.html 1/4

What is EmbodyGR? EmbodyGR is 501(c)3 nonpro�t organization dedicated to building inclusive community, enhancing physical andmental wellness through yoga & meditation, and creating meaningful volunteer & service opportunities. Our FREEweekly gathering (/events.html) and events empower individuals to become healthier, happier, and make the worldbetter in their own way. We are dedicated to improving the quality of people’s daily lives so they can “feel better ~do good. (/our-stories.html)” At EmbodyGR we are in the business of making the healing practices of yoga & meditation available andaccessible to the hundreds, and we believe someday thousands, of people not only in Grand Rapids, but incommunities across America, who would not otherwise have access. EmbodyGR serves those with addiction,depression, anxiety, PTSD, chronic pain, health issues, loneliness, isolation as well as adults & young adults whostruggle with homelessness/housing instability, domestic violence, and LGBTQ issues. We serve the underserved,at-risk populations, those who have simply fallen on hard times �nancially & emotionally, as well as anyone whomay simply need a safe & healing place where they feel welcome and accepted just as they are. At EmbodyGR webelieve happy & healthy people want give back to our community (/community-partners.html) and make the worldbetter. Embody GR hosts free weekly gatherings (/events.html)every Wednesday evening at 6:30pm at Fountain StreetChurch, located in Grand Rapids, MI. Founder and Executive Director (/founder-and-executive-director.html), DanaChristian Lee believes that yoga should be open and accessible to all, and that is how EmbodyGR was born. Eachweek, Dana leads a community yoga and meditation practice. EmbodyGR partners with other local non-pro�torganizations (/community-partners.html) to provide awareness, education and volunteer opportunities with theorganizations. EmbodyGR now serves over 1,000 people in the greater Grand Rapids area. Since its inception we have practicedover 7,500 hours of yoga, meditation, and empowerment training. Collectively we have returned more than 2,000hours of volunteer service back into the Grand Rapids community. The EmbodyGR way works! We help people feelbetter in their bodies, minds, and hearts and in turn inspire them to experience the power of giving somethingback. We provide childcare (/childcare-reservation.html) so parents who would not otherwise be able toparticipate can. We step in where traditional health care and service agencies often leave off. And it is really

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1/9/2019 Our Mission - Feel Better Do Good

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working! Come join us and experience the "feel better, do good" movement for yourself! Our circle of care cannot wait tomeet YOU!

Meet Dana (/founder-and-executive-director.html)

Meet Our Board (/board-of-directors.html)

Our Partnerships (/community-partners.html)

(/founder-and-executive-director.html)

(/board-of-directors.html)

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“This community welcomes anyone/everyone without expectation to conform to acertain set of ideals. More importantly, I never feel that I have to hide any part ofmyself for the 1.5 hours each Wednesday. Any tension, emotion or stress that I maybe carrying through the week always seems to resolve itself by the time we roll up ouryoga mats. Having this much intention in a community has the power to make apositive difference for body, health, mind and soul of the individuals and the wholecommunity.” – Steve Middendorp, Community Member

EmbodyGR is 501(c)3 nonpro�t organization dedicated to building inclusive community, enhancing physical andmental wellness through yoga & meditation, and creating meaningful volunteer & service opportunities. Our FREEweekly gathering and events empower individuals to become healthier, happier, and make the world better in theirown way. We are dedicated to improving the quality of people’s daily lives so they can “feel better do good.”

Our Mission (/our-mission.html)

Copyright (c) 2017 Embody GR, 501 (c) 3, all rights reserved. 

EmbodyGR (/about.html)

(https://www.facebook.com/EmbodyGR/)(https://twitter.com/EmbodyGR)(https://www.instagram.com/feelbetterdogood/)(//[email protected])

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1/9/2019 Founder and Executive Director - Feel Better Do Good

http://www.feelbetterdogood.org/founder-and-executive-director.html 2/5

My name is Dana! I am a lover of life and of people. I hold a BS in elementary education from Ohio State University,a master’s in educational administration from Grand Valley State University, Anusara Inspried yoga certi�cation,and eRYT 500-hour Yoga Alliance certi�cation. I have been teaching yoga for over a decade! My teaching styleoffers a blend of the many systems of yoga I have studied over the years, with an emphasis on the connectionbetween the spiritual and the physical practice infused with healthy doses of fun. My teaching experience coversan expansive range of students with varied abilities and backgrounds from ages 3-83. Over the years, I have taughtin K-12 public/Montessori schools, colleges, gyms, churches, eating disorder clinics, privately to individuals andcorporations, as well as in traditional yoga studios. I also teach and lead events to raise awareness and funds fornonpro�t groups striving to make a difference in the Grand Rapids community. This diversity is what continues toinspire my teaching because it allows me to offer yoga in many unlikely environments, which can be a gamechanger in people’s lives. A Michigan resident my entire life, I have been working as a teacher and leader with youth and adults for over 20years. I have used those experiences -- combined with my life’s daily work of being a mom of �ve children, a wife, ayogi, and a social activist -- to manifest my heart’s dream. In 2014, I founded & am Executive Director ofEmbodyGR, a 501c3 nonpro�t organization. My leadership upholds my vision that all people desire to feel valuableand part of something larger, that physical and mental wellness practices (yoga & meditation) should be availableto all people regardless of their �nancial ability, and that all people desire to “feel better” and have the need to “dogood” in the world. My passion is to build bridges between people, communities, and cultures of all different backgrounds to make ourworld a better, healthier, happier, & more peaceful place for all. I believe that we are only as skilled and effective aleader as our network is diverse. This view is an underlying motivating force in how I choose to live my life, raisemy family, lead my nonpro�t, and be an active citizen in our global family. 

Dana's StoryI started practicing yoga in my early 30s when Iwas a stay-at home mom suffering from severepostpartum depression. I hated my body, mymind was unsettled and foggy, I cried regularly,and as a mother of young children wascategorically “brain dead.” Seemingly lost andunhappy, I was honestly no good to anyone. ThenI found yoga; or truthfully, yoga found me. Yoga breathed spirit back into my life. I woke upto the beauty within instead of looking to themirror or culture for a�rmation of my value. Yogarevealed that I am good just as I am; no question.That powerful teaching stuck. That is when I knewI wanted to be a teacher in order to bring thispowerful message and practice to as many as I

could reach. This inspiration of innate goodness lit the way of my teaching path and informed not only my life butmy teaching as well.

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But no sooner had I begun to get my life back in order than it began to rapidly change again, resulting in the end ofmy 10-year marriage and single mom-dom as my future. This was a deeply painful and di�cult process that yogahelped me navigate. It was not easy but I had faith I was good enough, capable enough, and strong enough towithstand and eventually thrive during these challenging times. But my new reality hit and it hit hard. Raising twokids on my own with a yoga teacher’s salary was humbling to say the least. I became part of the “working poor,”unable to afford the yoga classes I loved and the clothes I wore to teach. This was a deep sadness for me. I wasfrustrated that I could no longer afford the practice that had changed my life. I continued to work as a yoga teacherbut became frustrated with the world of yoga for being too expensive and too exclusive. I am a �rm believer that anger is bad for the soul and one should not complain without offering solutions to theproblem. So I began to look deeply into my beliefs about yoga and wondered how I could be part of the change Iknew had to happen within me and within the world of yoga as I knew it. I honestly didn’t want to create somethingnew all by myself but I knew in my bones it was what I was called to do. Over time, I realized I viewed yoga morelike church than big business. I began to see yoga could be offered for free (gasp!) and available to anyone, at anytime in life, as a place of healing, wholeness and sanctuary. I came to �rmly believe that, regardless of income, age,race, gender identi�cation, class or creed, yoga should be open and available to anyone who wanted to practice —no exceptions. And the earliest teaching I received from yoga, that I am good just as I am, fueled my passion forchange in the yoga world. Out of all these experiences, EmbodyGR was born. My heart over�ows with joy each day I get to lead this beautiful community of yogis! EmbodyGR welcomes allpeople: people who are willing to live out our mantra, “feel better, do good;” people who each week do the hardwork of showing up for themselves and each other; people who strive to grow and evolve; people who live lives ofservice in our community; people dedicated not only to their own personal journey of healing, wholeness, andhappiness, but who know that their liberation is bound to the wellbeing of their brothers and sisters in GrandRapids and across the globe. On a lighter note, I am a lover of all things yoga/movement, community building, leadership, service, and makingthe world a better place for all. I enjoy all things kale and coffee too :)! I spend my free time doing handstandsaround our incredible city and enjoying all that glorious Grand Rapids and West Michigan has to offer. You maycatch me regularly rollerblading, running, biking, reading, drinking green smoothies, hanging out in coffee shopsand chasing the sunrises and sunsets on the shore of sacred Lake Michigan. I adore travel, adventure, sur�ng,skiing, and people. I LOVE PEOPLE! My absolute favorite loves are my �ve kids and husband, Jason. They are thelights of my days, peace of my nights, and smile of my soul. Their continual love, support and encouragementmake my work in the world possible and I cannot express in words how honored and lucky I am to journey throughthis life with them as my family.

Dana's TeachersI bow deeply to my phenomenal teachers, guides, and muses who bless my life’s journey, notably Seane Corn, HalaKhouri, and Suzanne Sterling, three powerful, brilliant women who take their yoga teaching “off the mat” andcommit their lives to working for justice in our world. I’m also honored to be in�uenced by a number of others:Patrick Beach, who invites and challenges me each day to go upside down and “practice hard, live easy;” ChristinaSell, a light of courage and authenticity, who �rst taught me that the practice of yoga starts from the inside out;Darren Rhodes, whose practice and presence calls me to “please practice” and not apologize for who I am and

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My greatest teachers are a daily presence in my life: my �ve children, my husband, and my yoga students whoinspire me to live my yoga each and every day. They call me out to grow and stretch my boundaries, becourageous, take risks, and generously share my authentic self fully with love, patience, wisdom and joy. To each

what I believe; John Friend, who introduced me to the elegant Principles of Alignment, especially my favorite, “Opento Grace,” that saves me again and again; Desiree Rumbaugh, yoga goddess and pillar of strength, who teaches meto be a peaceful yoga warrior; Mitchel Bleier, for his early in�uence on my �edgling yoga practice; Behnje Masson,who laid a solid foundation for a life-long practice of yoga; and Rick Powell, who early on was there tocompassionately pick up my pieces by �xing my shoulder time after time and then offering me his shoulder to cryupon. 

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one of these beings I am truly grateful. My love, Dana

EmbodyGR is 501(c)3 nonpro�t organization dedicated to building inclusive community, enhancing physical andmental wellness through yoga & meditation, and creating meaningful volunteer & service opportunities. Our FREEweekly gathering and events empower individuals to become healthier, happier, and make the world better in theirown way. We are dedicated to improving the quality of people’s daily lives so they can “feel better do good.”

Our Mission (/our-mission.html)

Copyright (c) 2017 Embody GR, 501 (c) 3, all rights reserved. 

EmbodyGR (/about.html)

(https://www.facebook.com/EmbodyGR/)(https://twitter.com/EmbodyGR)(https://www.instagram.com/feelbetterdogood/)(//[email protected])

(/)

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1/9/2019 Events - Feel Better Do Good

http://www.feelbetterdogood.org/events.html 1/4

Upcoming Special Events

Embody The Stars is a local celebrity dance competition and fundraiser for EmbodyGR. The event will feature localprofessional dancers partnered with Grand Rapids celebs who will choreograph and perform original dance pieces.

Shelley Irwin, host of The WGVU Morning Show and Bridget Clark Whitney, Executive Director of Kids' Food

Basket will be our emcees for the evening. Wear your dancing shoes along with your classy club attire. Let's dance

(https://www.eventbrite.com/e/embody-the-stars-local-celebrity-dance-competition-fundraiser-for-embodygr-tickets-43834670680?internal_ref=login)

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the night away while making a positive impact in our community.  Won't you be a star in the sky for someone in need and shine your light brightly? Hope to see you on the dance

�oor!

SAVE THE DATE! March 7, 2019

PURCHASE TICKETS(HTTPS://WWW.EVENTBRITE.COM/E/EMBODY-THE-STARS-MARCH-2019-TICKETS-

53354497739)

Free Weekly Gathering

Get Event Updates

Get Updates

Email Address

(/)

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1/9/2019 EmbodyGR Makes Yoga Accessible to All - GR|MAG

https://www.grmag.com/2018/03/23/embodygr-makes-yoga-accessible-to-all/ 1/5

DDD

L IFESTYLE By NATALIE TOMLIN /

EMBODYGR MAKES YOGAACCESSIBLE TO ALL

ana Christian Lee, founder and director of , a non-pro�t organizationthat offers free yoga and meditation for the underserved, was awarded the “IHave Made a Difference” award in the health category from WGVU Public Media

this January.

MARCH 23 , 20 18 @ 11:0 0 AM

EmbodyGR

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Page 14: February 18, 2019 – 6:00 p.m

1/9/2019 EmbodyGR Makes Yoga Accessible to All - GR|MAG

https://www.grmag.com/2018/03/23/embodygr-makes-yoga-accessible-to-all/ 2/5

“I was thrilled!” she said in response to receiving the award. “Being validated for one’swork is important to stay inspired and know you are making a difference. It was extraspecial because I had two members of our EmbodyGR team there with me. We werebrought to tears by the speech the presenter gave to describe why we won.”

An experienced public school teacher, youth leader and yoga teacher, Lee foundedEmbodyGR in 2014 when she offered her �rst free yoga class on Wednesday night atFountain Street Church in downtown Grand Rapids. This weekly class continues fouryears later, and Lee believes that this consistency is important. “This gives people a pointin their week to which they can look forward,” she said. “They can count on having a placeto go each and every week, without fail, where they are seen, valued and part ofsomething larger.”

LEE EXPLAINED THAT FROM THE BEGINNING, IT WASIMPORTANT TO OFFER YOGA FREE OF CHARGE. “ITMAKES THE VERY EXPENSIVE AND EXCLUSIVEPRACTICE OF YOGA ANDMEDITATION/MINDFULNESS AVAILABLE TO THOSEWHO OTHERWISE MIGHT NOT HAVE ACCESS. THATNUMBER IN GRAND RAPIDS IS SUBSTANTIAL.”

Beyond offering a free weekly yoga class, whichculminates in a social hour of tea, cookies and friendlyconversation, Lee also believes that through feeling betterthrough yoga, practitioners will be inspired to be ofservice. She recommends four hours a month of service, and EmbodyGR partners withlocal and national nonpro�ts each month to offer opportunities, including HeartsideMinistry, HQ Homeless and Runaway Youth Drop-In Center, and Love Your Brain.

While some members of EmbodyGR focus on more traditional volunteerism, Lee’sde�nition of service is expansive. “Service looks different for every person depending onwhere they are in their personal journey,” she explained. “If they are struggling to get theirown a life back on track, then taking care of themselves is considered service. If that isthe case, people are encouraged to spend four hours a month outside Embody on

Dana Christian Lee foundedEmbodyGR in 2014.

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Page 15: February 18, 2019 – 6:00 p.m

1/9/2019 EmbodyGR Makes Yoga Accessible to All - GR|MAG

https://www.grmag.com/2018/03/23/embodygr-makes-yoga-accessible-to-all/ 3/5

themselves to do what is most life-a�rming – exercise, go to supportgroups/counseling, work on personal goals, etcetera.”

Since its founding, EmbodyGR has grown and impacted more lives, Lee explained. Forinstance, Spectrum Healthier Communities is doing quality of life surveys to get data onhow yoga and meditation done in community transforms the quality of people’s lives.

EMBODYGR’S FUTURE GOALS INCLUDE SCALING ITS MODEL TO OTHER CITIESLIKE DETROIT AND CHICAGO AS WELL AS PARTNERING WITH MEDICALPROFESSIONALS AND CORPORATIONS WHO WANT TO EXPOSE THEIREMPLOYEES TO THE TOOLS OF YOGA AND MEDITATION.

To fund this expansion, EmbodyGR is holding an annual event called Embody the Stars,which is a dance competition that pairs local professional dancers with Grand Rapidscelebrities.

“Embody the Stars is an opportunity for people to have lots of fun while doing so muchgood,” Lee explained. “The event will help bring improved health and wellness to thosewho otherwise may not have access. EmbodyGR helps those who don’t have access tothe ‘extras’ needed to help keep them physically and mentally well.”

Learn more about and the free Wednesday yoga class and visit for tickets to Embody the Stars, Thursday, April 26.

*EmbodyGR announced the Embody the Stars dance pairings this morning on: Cory Goei & Tami VandenBerg, Connie Flachs & Gwadué MrFzique, Amy

Wilson & Miranda Krajniak, and Rachel Leep-Williams & David Armbrecht Shizam.

**Photos courtesy of EmbodyGR

EmbodyGR Eventbrite

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Page 16: February 18, 2019 – 6:00 p.m

CITY OF EAST GRAND RAPIDS

750 LAKESIDE DRIVE SE · EAST GRAND RAPIDS, MICHIGAN 49506

(616) 949-2110 www.eastgr.org

BRIAN DONOVAN CITY MANAGER

MEMORANDUM TO: Mayor and City Commissioners FROM: Brian Donovan, City Manager DATE: February 12, 2019 RE: New Fireworks Ordinance Action Requested: That the City Commission adopt an amendment to Section 9.57E of Chapter 93 of the City Code pertaining to discharge of fireworks. Background: The state legislature has recently amended state statues to further restrict the holidays that class C fireworks can be discharged. A new ordinance amendment (attached) is needed to redefine the dates and times that fireworks can be discharged within the city limits. It is recommended that the City Commission amends Section 9.57E of Chapter 93 of the City Code per the attached ordinance amendment. BD/kb/9477 Attachments

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AN ORDINANCE TO AMEND CODE SECTION 9.57E OF CHAPTER 93 OF TITLE IX OF THE CODE OF THE CITY OF EAST GRAND RAPIDS

THE CITY OF EAST GRAND RAPIDS ORDAINS: Section 1. Section 9.57E of Chapter 93 of Title IX of the Code of the City of East Grand Rapids is amended in its entirety to read as follows: No person shall:

* * * E. 1. (a) Discharge, offer for sale, or possess any fireworks except the type and under the

conditions permitted by the Michigan Fireworks Safety Act (MCL 28.451 et seq.); (b) Ignite, discharge, or use consumer fireworks, as defined in the Michigan Fireworks

Safety Act (MCL 28.451 et seq.); i. on any day other than the following days: On December 31, after 11:00 a.m.

and until 1:00 a.m. on January 1; on the Saturday and Sunday immediately preceding Memorial Day after 11:00 a.m. and until 11:45 p.m. on each of those days; on June 29 to July 4 after 11:00 a.m. and until 11:45 p.m. on each of those days; on July 5, if July 5 is a Friday or Saturday, after 11:00 a.m. and until 11:45 p.m.; and on the Saturday and Sunday immediately preceding Labor Day, after 11:00 a.m. and until 11:45 p.m. on each of those days;

ii. on public or school property, without the express permission of the City or a

permit from the City granting such permission to do so; or iii. on church property or the property of another, without express permission

from the property owner. (c) Ignite, discharge, or use consumer fireworks, or low-impact fireworks, as defined in

the Michigan Fireworks Safety Act (MCL 28.451 et seq.), while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, as the terms are defined in the Michigan Motor Vehicle Code (MCL 257.1 et seq.).

(d) Sell consumer fireworks to an individual who is less than 18 years of age. A person who is guilty of a violation of this subjection is responsible for a civil infraction punishable

by a fine of $1,000. $500 of the fine collected under this Ordinance shall be remitted to the East Grand Rapids Department of Public Safety which is responsible for enforcing the Ordinance.

Section 2. This Ordinance shall be effective on , 2019. Section 3. This Ordinance shall be published in full pursuant to the provisions of Chapter VII, Section 7.5 of the Charter of the City of East Grand Rapids.

14443340_1.docx

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Ann Arbor ü Detroit ü Grand Haven ü Grand Rapids ü Hastings ü Kalamazoo ü Lansing ü Novi

Bridgewater Place ü Post Office Box 352 Grand Rapids, Michigan 49501-0352

Telephone 616 / 336-6000 ü Fax 616 / 336-7000 ü www.varnumlaw.com

John M. Huff Direct: 616 / 336-6239 [email protected]

January 9, 2019

Mr. Brian D. Donovan City Manager City of East Grand Rapids 750 Lakeside Drive, SE East Grand Rapids, MI 49506

Re: New Fireworks Ordinance Dear Brian:

As you know, the State of Michigan modified the provisions of State law dealing with fireworks at the end of 2018. In particular, they modified the dates when consumer fireworks could be utilized without restriction. The primary purpose of the enclosed Ordinance, which restates Section 9.57E in its entirety, is to incorporate the new dates which are permitted by the State. Those dates are:

1. December 31 from 11:00 a.m. until 1:00 a.m. on January 1. 2. The Saturday and Sunday preceding Memorial Day after 11:00 a.m. until 11:45

p.m. on each day. 3. June 29 to July 4 after 11:00 a.m. and until 11:45 p.m. on each of those days. 4. July 5, if July 5 is a Friday or Saturday, from 11:00 a.m. until 11:45 p.m. 5. The Saturday and Sunday preceding Labor Day from 11:00 a.m. until 11:45 p.m.

on each of those days.

Pursuant to this change, those are the only times and dates that consumer fireworks could be discharged in the City of East Grand Rapids. In addition, they may not be discharged on public or school property without permission nor on church property or the property of another person without permission from the property owner. It is also illegal to ignite consumer fireworks, even on the permitted days, if the person doing the firing is under the influence of alcohol, a controlled substance, or a combination of those items. It also remains a violation to sell fireworks to a person who is under the age of 18.

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Mr. Brian D. Donovan January 9, 2019 Page 2 The State has substantially increased the fine for a violation. While the violations remain a civil infraction, the fine is $1,000, with $500 of that being allocated to the local agency responsible for enforcement. Under our Ordinance, that $500 would be remitted to the East Grand Rapids Department of Public Safety. I think it is important to get this Ordinance Amendment adopted promptly so that it is clear what dates are permissible. The changes to the State law also allowed some other things which the City may want to consider, but there is no rush to do so at this time. Beginning in August, the City could regulate the use of temporary structures for the sale of fireworks. We may want to consider whether this is an activity that the City wishes to address. Please contact me if you have any questions regarding this Ordinance. Otherwise I would ask that you schedule it for consideration by the City Commission as promptly as possible.

Sincerely,

VARNUM

John M. Huff

JMH/jfl Enc.

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AN ORDINANCE TO AMEND SECTION 9.57E OF CHAPTER 93 OF TITLE IX OF THE CODE OF THE CITY OF EAST GRAND RAPIDS

THE CITY OF EAST GRAND RAPIDS ORDAINS: Section 1. Section 9.57E of Chapter 93 of Title IX of the Code of the City of East Grand Rapids is amended in its entirety to read as follows: No person shall:

* * *

E. 1. (a) Discharge, offer for sale, or possess any fireworks except the type and under the conditions permitted by the Michigan Fireworks Safety Act (MCL 28.451 et seq.); (b) Ignite, discharge, or use consumer fireworks, as defined in the Michigan Fireworks Safety Act (MCL 28.451 et seq.): i. on any day other than the day preceding, the day of, or the day after a national holiday. “National holiday” means New Year’s Day, the birthday of Martin Luther King, Jr., the birthday of former president George Washington, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day; ii. on public or school property, without the express permission of the City or a permit from the City granting such permission to do so; or iii. on church property or the property of another, without express permission from the property owner; (c) Ignite, discharge, or use consumer fireworks, or low-impact fireworks, as defined in the Michigan Fireworks Safety Act (MCL 28.451 et seq.), while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, as the terms are defined in the Michigan Motor Vehicle Code (MCL 257.1 et seq.). (d) Sell consumer fireworks to an individual who is less than 18 years of age. A person guilty of a violation of this subsection is responsible for a civil infraction punishable by a fine of not more than $500.00. Section 2. This Ordinance shall be effective on July 13, 2012. Section 3. This Ordinance shall be published in full pursuant to the provisions of Title IX, Chapter 93, Section 9.57E of the Charter of the City of East Grand Rapids. 00200 (001) 606955.1

2012 Ordinance

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CITY OF EAST GRAND RAPIDS

750 LAKESIDE DRIVE SE · EAST GRAND RAPIDS, MICHIGAN 49506

(616) 949-2110 www.eastgr.org

ALEKSANDER P. MIZIKAR ZONING ADMINISTRATOR

MEMORANDUM TO: Mayor and City Commissioners FROM: Alek Mizikar, Zoning Administrator DATE: January 23, 2019 RE: Front Yard Setback Encroachment for Covered Front Porches Zoning Ordinance Amendment Introduction Action Requested: That the City Commission introduces and reviews the zoning amendment recommendation from the Planning Commission in regards to allowable front yard setback encroachments for covered front porches and vote to introduce each amendment. A public hearing date must then be set before a zoning amendment can be adopted. Background: At the November 19, 2018, City Commission meeting, the City Commission, acting as the Zoning Board of Appeals, approved a zoning variance to allow a covered front porch to exceed past the established average front yard setback. After approval of the variance, Mayor Seibold requested that the planning commission conduct a review of the city’s front yard setback requirements for covered front porches in residential zoning districts. The Planning Commission reviewed this matter at their December 11th meeting, and then held a public hearing and more discussion at their January 8th meeting. Attached with this memo are supplemental documents that were given to the Planning Commission. The following is the consensus that was reached by the Planning Commission and that is being recommended to the City Commission: Covered Front Porch Setback Encroachment:

· 6’ or 20% encroachment past required setback, whichever is least · Must be unenclosed (i.e. no screens, windows, walls, etc.) · Porch railings, if present, must be at least 50% see through · Porch railing height maximum is the minimum that the building code would require (3 ft.)

After the January 9th Planning Commission meeting I reached out to Paul LeBlanc of PLB Planning and asked for his recommendation. He offered the following:

· Edit Footnote #2 in Table 5.61 to distinguish covered front porches as not part of the principal structure.

· Add new footnote #3 in Table 5.61 to attach above mentioned restrictions.

Page 22: February 18, 2019 – 6:00 p.m

· Measure front yard setbacks to the nearest wall of the principle structure, not covered porch, as was recommended by the Planning Commission.

· Change “Front Yard” definition so that a front yard extends to the edge of the nearest wall of a house, rather than a covered porch. As was discussed in the Planning Commission meeting.

A public hearing will need to be scheduled before a zoning amendment can be approved. Attached with this memo are two draft zoning ordinance amendments. One amendment is to allow the encroachment of covered front porches (Section 5.61), and the other is an edit of the definition of “Front Yard” (Section 5.18). ___________________________________ Brian Donovan, City Manager

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AN ORDINANCE TO AMEND SECTION 5.18 OF CHAPTER 50 OF TITLE V OF THE CODE OF THE CITY OF EAST GRAND RAPIDS

THE CITY OF EAST GRAND RAPIDS ORDAINS:

Section 1. The definition of “Yard, Front” under “Yard” in Section 5.18 of Chapter 50 of Title V of the Code of the City of East Grand Rapids is amended in its entirety to read as follows:

A. Yard, Front. The space extending the full width of the lot, the depth of which is the shortest horizontal distance between the front lot line and the nearest wall of the principal structure (not including a covered porch, deck or patio attached to it).

Section 2. This ordinance shall be effective on _______, 2019.

Section 3. This ordinance shall be published in full pursuant to the provisions of Chapter VII, Section 7.5 of the Charter of the City of East Grand Rapids.

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AN ORDINANCE TO AMEND SECTION 5.61 OF CHAPTER 50 OF TITLE V OF THE CODE OF THE CITY OF EAST GRAND RAPIDS

THE CITY OF EAST GRAND RAPIDS ORDAINS:

Section 1. Section 5.61 of Chapter 50 of Title V of the Code of the City of East Grand Rapids is amended in its entirety to read as follows:

Section 5.61 Encroachments into Required Yard Setbacks

The following elements and appurtenances may encroach into or over a required yard setback as provided in Table 5.61:

Table 5.61 Encroachments into Required Yard Setbacks

Type Allowed Encroachment into a Setback Front Yard Side Yard Rear Yard

Accessory structures, residential, detached See Section 5.70

Accessible ramps, wheelchair lifts and similar structures

Least encroachment necessary to meet state or federal requirements, but no more than 8 ft.; must maintain a 3-foot

side yard setback Air conditioning units, generators and other mechanical equipment 1 None 3 ft. 3 ft.

No more than 5 ft. from the building Arbors, trellises and pergolas (attached to principal building) 6 ft. 3 ft. 10 ft. Awnings and canopies Balconies 5 ft. None 10 ft. Bay windows 3 ft. 3 ft. 3 ft. Chimneys 3 ft. 3 ft. 3 ft. Eaves and gutters 1 foot 1 foot 1 foot Fences and walls See Section 8.61 of the City Code of Ordinances Flagpoles Permitted up to 6 ft. from all lot lines Light poles (not including ground-mounted lights) Permitted up to 6 ft. from all lot lines

Paved patios and similar at-grade structures (not including driveways and sidewalks), un-roofed and unenclosed

10 ft. Up to 3 ft. from a side lot line

Up to 3 ft. from a rear lot line

Porches, decks and stoops, uncovered and unenclosed 2 6 ft. 3 ft. 10 ft.

Porches, decks and stoops, covered but unenclosed3

6 ft., or 20% of required setback,

(whichever is less) None None

Signs See City Code Chapter 83 Stairways (not including steps to main floor entry) and below-grade stairwells None 3 ft. 10 ft.

Page 25: February 18, 2019 – 6:00 p.m

Table 5.61 Encroachments into Required Yard Setbacks

Type Allowed Encroachment into a Setback Front Yard Side Yard Rear Yard

Swing sets and similar play structures (attached) None Up to 3 ft. from a

side lot line Up to 3 ft. from a

rear lot line Window wells and egress windows, below grade 3 ft. 3 ft. 3 ft.

Footnotes: 1 See Section 5.68 for screening requirements. 2 Any covered or roofed porch, deck, patio, stoop or similar structure shall be considered part of the principal building and shall comply with the required setbacks for the principal building, except for covered or roofed porches, decks, stoops, or similar structures in the front of the house. 3 There shall be no walls, windows, or screens. A railing, not exceeding 36 inches in height measured from the floor of the porch, shall be permitted; provided, it shall comprise individual spokes or slats evenly spaced and not more than 50 percent opaque on all sides.

Section 2. This Ordinance shall be effective on _______, 2019.

Section 3. Notice of adoption of this Ordinance shall be published within 10 days of enactment by publication of a digest, summary, or statement of purpose of the ordinance as provided in Chapter VII, Section 7.5 of the Charter of the City of East Grand Rapids.

NOTICE OF ADOPTION OF ORDINANCE BY THE CITY OF EAST GRAND RAPIDS:

Notice is hereby given that on March , 2019, the City Commission of the City of East Grand Rapids adopted an ordinance amending Section 5.61 of Chapter 50 of Title V of the City Code. This Section contains a table dealing with encroachments into required yard setbacks. In particular, the new Ordinance added provisions dealing with porches, decks, and stoops. The full text of the Ordinance is available for inspection by and distribution to the public at the Office of the City Clerk. No further or additional publication of this Ordinance is required or contemplated.

CITY OF EAST GRAND RAPIDS By: Karen K. Brower, City Clerk

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CITY OF EAST GRAND RAPIDS

750 LAKESIDE DRIVE SE · EAST GRAND RAPIDS, MICHIGAN 49506

(616) 949-2110 www.eastgr.org

KAREN BROWER CITY CLERK

MEMORANDUM TO: Mayor and City Commissioners FROM: Karen Brower, City Clerk DATE: February 12, 2019 RE: Rescheduling Spring Break Meeting Action Requested: That the City Commission discuss moving the regularly scheduled City Commission meeting of April 1, 2019 to Monday, March 25, 2019 at 6:00 pm. Background: The regularly scheduled City Commission meeting of April 1, 2019 falls during spring break. It is the tradition of the City Commission to reschedule the meeting in order for a quorum of City Commissioners to pay bills and address other issues. The Finance Committee meeting would be held on Friday, March 22nd at 7:30 am. kb/9496

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PROCEEDINGS OF THE CITY COMMISSION CITY OF EAST GRAND RAPIDS

Special Meeting Held January 31, 2019

Mayor Seibold called the meeting to order at 8:00 a.m. in the City Commission Chambers at the East Grand Rapids Community Center and led the audience in the Pledge of Allegiance. Present: Commissioners Duncan, Favale, Hamrick, Miller, Walters and Mayor Seibold Absent: Commissioner Zagel Also Present: City Attorney Huff; City Clerk Brower 2019-18. Miller-Hamrick. Motion to enter into an executive session to discuss an attorney’s opinion in accordance with

Section 8(h) of the Open Meetings Act. A roll call vote was taken.

Yeas: Duncan, Favale, Hamrick, Miller, Walters and Seibold – 6 Nays: -0-

The meeting adjourned at 8:01 a.m., subject to the call of the Mayor until February 4, 2019.

____________________________________ Karen K. Brower, City Clerk

Page 28: February 18, 2019 – 6:00 p.m

PROCEEDINGS OF THE CITY COMMISSION CITY OF EAST GRAND RAPIDS

Regular Meeting Held February 4, 2019

Mayor Seibold called the meeting to order at 6:01 p.m. in the City Commission Chambers at the East Grand Rapids Community Center and led the audience in the Pledge of Allegiance. Present: Commissioners Duncan, Favale, Hamrick, Walters, Zagel and Mayor Seibold Absent: Commissioner Miller Also Present: City Manager Donovan; City Attorney Huff; Finance Director Mushong, Assistant City Manager LaFave;

Public Safety Director Herald; Parks & Recreation Director Bunn; Zoning Administrator Mizikar; City Clerk Brower; Communications Specialist Licari; Captain Buikema; Sgt. Metternich; Sgt Kolster; Public Safety Officers Lindner, Hollis, Katje and Good

2019-19. Peter Dimitriou, 2621 Inverness (GR), spoke about middle school climate change curriculum and the recent

bitter cold weather being caused by disruptions to the ocean currents.

Richard Stevens, 2920 Beechwood, thanked the snowplow drivers for all their work last week during the winter weather events.

2019-20. Commissioners Walters, Duncan and Zagel thanked the Public Works crews and Public Safety officers for all

their work keeping the streets clear and traffic moving last week during the winter storm and extremely cold weather.

Mayor Seibold also thanked the Public Works crew members for the long hours they worked last week and thanked the citizens who helped bring food to those who worked so hard to keep the streets open. Mayor Seibold announced that tonight was Brian Donovan’s final city commission meeting as he would be retiring on February 15 and thanked him for his 25 years of service and leadership.

2019-21. Public Safety Director Herald presented Meritorious Service Awards to Public Safety Officers Andrew Good and Dave Katje for their actions in September 2018 detecting the smell of smoke at a house located in the 2700 block of Richards and then calling in additional personnel to extinguish the fire before significant damage was done to the home.

2019-22. A zoning variance hearing was held regarding the request of William Pearl of 2912 Beechwood to allow the

construction of an addition to the front of the home creating a front yard setback of 28.5’ instead of the required 39.’

Zoning Administrator Mizikar outlined the new request submitted by the applicants that requests a front-yard setback of 28.5’ but meets all other ordinance requirements. He noted the irregular shape of the lot and the drainage easement limit the amount of land available for a garage addition. William Pearl, 2912 Beechwood, explained the home addition had been reduced in size and pushed further back on the lot to better fit the land available and the neighborhood. He showed comparisons of other lots with the same shape and noted he had posted information for neighbors but had not heard from any of them. Mayor Seibold opened a public hearing. The following people were present to express their opinions: - Richard Stevens, 2920 Beechwood Supported this reasonable request that would benefit the

neighborhood.

Page 29: February 18, 2019 – 6:00 p.m

Proceedings of the East Grand Rapids City Commission Regular Meeting Held February 4, 2019 Page 2

The following communications were received at City Hall concerning this variance request: - David Whitehouse, 2942 Beechwood Opposed. - Timothy Allard, 2931 Beechwood Opposed. - Amanda Whitehouse, 2942 Beechwood Opposed. No other public comment was received. Mayor Seibold closed the public hearing.

2019-22-A. Duncan-Hamrick. That the request of William Pearl of 2912 Beechwood to allow the construction of an

addition to the front of the home creating a front yard setback of 28.5’ instead of the required 39’ be approved.

Commissioner Duncan acknowledged that the applicants had reduced the request to fit better on the property, and while they aren’t getting everything they originally wanted, they’ve come as close as they can to meeting the ordinance. Commissioner Favale stated the easement complicates this situation but felt the applicants should be able to have a two-car garage. Commissioner Hamrick supported the request as she felt it was well designed and would look balanced with the house. She further noted the garage would be behind the setback of the neighboring garage and the new garage will look much better than the current situation. Commissioner Walters agreed there were unique circumstances that were not a result of the applicant’s plans. He felt the prior remodel should have been done differently to eliminate the need for this variance but did not feel the current plans would be a substantial detriment to the surrounding homes. Commissioner Zagel agreed the shape of the lot and the easement were not caused by the applicant but noted that both were existing when the applicant purchased the lot. Mayor Seibold stated that while the easement does complicate the issue, sometimes there just isn’t enough land to do everything that homeowners wish to add to their homes. She appreciated the applicant’s efforts to reduce the size of the addition, but still felt this was too large for the lot. Yeas: Duncan, Favale, Hamrick, Walters and Zagel – 5 Nays: Seibold – 1

2019-23. Introduction of an ordinance to amend Section 9.57E of Chapter 93 of Title IX of the City Code pertaining to fireworks regulations.

City Attorney Huff explained the State legislature had recently made changes to the dates and times people can use consumer fireworks. The proposed ordinance amendment changes our local regulations to match the new state rules.

2019-23-A. Zagel-Favale. That an ordinance to amend Section 9.57E of Chapter 93 of Title IX of the City Code pertaining to fireworks regulations be introduced as attached in Exhibit “A.”

Yeas: Duncan, Favale, Hamrick, Walters, Zagel and Seibold – 6 Nays: -0-

2019-24. Resolution approving budget amendments for the quarter ending December 31, 2018. Finance Director Mushong noted the Finance Committee had recommended changes to the resolution due to questions and corrections on one of the line items in the Public Safety budget.

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Proceedings of the East Grand Rapids City Commission Regular Meeting Held February 4, 2019 Page 3

2019-24-A. Zagel-Favale. That the revised resolution approving budget amendments for the quarter ending December 31, 2018 be adopted as attached in Exhibit “B.”

Yeas: Duncan, Favale, Hamrick, Walters, Zagel and Seibold – 6 Nays: -0-

2019-25. Duncan-Favale. To approve the consent agenda as follows:

2019-25-A. Minutes of the rescheduled regular meeting held January 22, 2019.

2019-25-B. Payroll disbursements of $217,276.50; county and school disbursements of $357,811.67, and total remaining disbursements of $798,865.66.

2019-25-C. A contract for tree maintenance work with CHOP of Grand Rapids in the amount not-to-exceed $20,000 for FY2018-19 and authorizing staff to extend the contract for up to two additional years upon satisfactory completion.

2019-25-D. Quarterly financial statements for the quarter ending December 31, 2018.

2019-25-E. Termination of the lawn maintenance contract with 20/20 Lawncare and Landscape LLC as outlined in the Parks & Recreation Director memo dated January 25, 2019.

2019-25-F. A contract with Kushner & Company in the amount of $47,500 for consulting services to study and bid components of the employee healthcare benefit plan.

2019-25-G. Planning Commission 2018 Annual Report.

Yeas: Duncan, Favale, Hamrick, Walters, Zagel and Seibold – 6 Nays: -0-

2019-26. Mayor Seibold announced that contract terms had been reached with Emmanuel Toribio for the city manager position and asked the city commission to add approval of the contract and the appointment of an acting city manager to the agenda for consideration.

2019-27. Walters-Zagel. Motion to add to the agenda the approval of an employment contract for the city manager

position. A roll call vote was taken.

Yeas: Duncan, Favale, Hamrick, Walters, Zagel and Seibold – 6 Nays: -0-

2019-28. Employment contract for the city manager position.

City Attorney Huff outlined the contract provisions for the new city manager, including the term of the contract, renewal options, and the salary and benefits that will be provided.

2019-28-A. Walters-Zagel. That an employment contract with Emmanuel Toribio for the position of city manager be approved as attached in Exhibit “C.”

Yeas: Duncan, Favale, Hamrick, Walters, Zagel and Seibold – 6 Nays: -0-

2019-29. Hamrick-Favale. Motion to add to the agenda the appointment of an acting city manager. A roll call vote was

taken.

Yeas: Duncan, Favale, Hamrick, Walters, Zagel and Seibold – 6 Nays: -0-

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Proceedings of the East Grand Rapids City Commission Regular Meeting Held February 4, 2019 Page 4 2019-30. Appointment of an Acting City Manager.

2019-30-A. Walters-Zagel. That Doug LaFave be appointed as the Acting City Manager effective beginning February 16, 2019 continuing until the new city manager is sworn in, and to approve a salary adjustment for the acting city manager for the extra duties assumed during the transition period.

Yeas: Duncan, Favale, Hamrick, Walters, Zagel and Seibold – 6 Nays: -0-

The meeting adjourned at 6:50 p.m., subject to the call of the Mayor until February 18, 2019.

____________________________________ Karen K. Brower, City Clerk

Attachments: A – Ordinance amendment to Section 9.57E regarding fireworks regulations. B – Resolution adopting budget amendments C – Employment contract Attachments listed above are available for inspection at the office of the City Clerk.

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AN ORDINANCE TO AMEND CODE SECTION 9.57E OF CHAPTER 93 OF TITLE IX OF THE CODE OF THE CITY OF EAST GRAND RAPIDS

THE CITY OF EAST GRAND RAPIDS ORDAINS: Section 1. Section 9.57E of Chapter 93 of Title IX of the Code of the City of East Grand Rapids is amended in its entirety to read as follows: No person shall:

* * * E. 1. (a) Discharge, offer for sale, or possess any fireworks except the type and under the

conditions permitted by the Michigan Fireworks Safety Act (MCL 28.451 et seq.); (b) Ignite, discharge, or use consumer fireworks, as defined in the Michigan Fireworks

Safety Act (MCL 28.451 et seq.); i. on any day other than the following days: On December 31, after 11:00 a.m.

and until 1:00 a.m. on January 1; on the Saturday and Sunday immediately preceding Memorial Day after 11:00 a.m. and until 11:45 p.m. on each of those days; on June 29 to July 4 after 11:00 a.m. and until 11:45 p.m. on each of those days; on July 5, if July 5 is a Friday or Saturday, after 11:00 a.m. and until 11:45 p.m.; and on the Saturday and Sunday immediately preceding Labor Day, after 11:00 a.m. and until 11:45 p.m. on each of those days;

ii. on public or school property, without the express permission of the City or a

permit from the City granting such permission to do so; or iii. on church property or the property of another, without express permission

from the property owner. (c) Ignite, discharge, or use consumer fireworks, or low-impact fireworks, as defined in

the Michigan Fireworks Safety Act (MCL 28.451 et seq.), while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, as the terms are defined in the Michigan Motor Vehicle Code (MCL 257.1 et seq.).

(d) Sell consumer fireworks to an individual who is less than 18 years of age. A person who is guilty of a violation of this subjection is responsible for a civil infraction punishable

by a fine of $1,000. $500 of the fine collected under this Ordinance shall be remitted to the East Grand Rapids Department of Public Safety which is responsible for enforcing the Ordinance.

Section 2. This Ordinance shall be effective on , 2019. Section 3. This Ordinance shall be published in full pursuant to the provisions of Chapter VII, Section 7.5 of the Charter of the City of East Grand Rapids.

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WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

Amended Proposed Proposed

Budget Amendments Budget

GENERAL FUND* Revenues 11,751,400 25,000 11,776,400

Expenditures 12,216,400 80,000 12,296,400

Fund Balance Change (465,000) (55,000) (520,000)

MAJOR STREET* Revenues 1,370,800 214,400 1,585,200

Expenditures 1,290,800 264,400 1,555,200

Fund Balance Change 80,000 (50,000) 30,000

LOCAL STREET* Revenues 1,488,800 111,100 1,599,900

Expenditures 1,393,800 471,100 1,864,900

Fund Balance Change 95,000 (360,000) (265,000)

MUNICIPAL STREET* Revenues 1,726,000 (273,000) 1,453,000

Expenditures 1,411,000 42,000 1,453,000

Fund Balance Change 315,000 (315,000) -

WATER AND SEWER Revenues 4,176,200 14,800 4,191,000

Expenditures 4,746,200 134,800 4,881,000

Fund Balance Change (570,000) (120,000) (690,000)

HEALTH CARE Revenues 1,901,500 - 1,901,500

Expenditures 2,026,500 - 2,026,500

Fund Balance Change (125,000) - (125,000)

MERF Revenues 878,500 5,000 883,500

Expenditures 1,093,500 5,000 1,098,500

Fund Balance Change (215,000) - (215,000)

REVISED - FINANCE COMMITTEE RECOMMENDATION

the Commission may adopt the non-general funds and non-special revenue funds for FY 2018-2019

by fund total; and

the Commission may adopt general funds* and special revenue funds* for FY 2018-2019 by

departmental appropriation subtotal as presented in attached information; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of East Grand Rapids that the budget be amended as

follows:

RESOLUTION 2018-______

RESOLUTION AMENDING FY 2018-2019 FISCAL YEAR BUDGET

The following resolution was offered by Commissioner__________, and supported by Commissioner _________;

it is necessary to amend the appropriations of the City's budget by making the proper adjustments

and transfers where necessary; and

that various funds may require a change in appropriations due to a change in unanticipated costs

departments have reviewed their budget and are proposing the adjustments to be made; and

the City Manager has reviewed the amendments and is recommending that the adjustments be made;

Page 34: February 18, 2019 – 6:00 p.m

AYES:

NAYS:

ABSENT:

Karen K. Brower, City Clerk

BY: __________________________

I, Karen Brower, the duly appointed Clerk of the City of East Grand Rapids, do hereby certify that the foregoing is a true and

complete copy of a Resolution adopted by the City of East Grand Rapids at a Regular Meeting held February 4, 2019, in

compliance with the Open Meetings Act, Act No. 267 of the Pubic Acts of Michigan, 1976, as amended, the minutes of the

meeting were kept and will be or have been made available as required by said Act.

CITY OF EAST GRAND RAPIDS

Page 35: February 18, 2019 – 6:00 p.m

CITY OF EAST GRAND RAPIDS EMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into as of

February 4, 2019, between the CITY OF EAST GRAND RAPIDS (the "City"), 750 Lakeside Drive SE, East Grand Rapids, MI 49506, and EMMANUEL TORIBIO ("Mr. Toribio").

RECITALS A. The City desires to employ the services of Mr. Toribio as City Manager of the

City; B. Mr. Toribio desires to be employed as City Manager of the City; and C. The City and Mr. Toribio desire to provide for certain terms and conditions of

such employment. NOW, THEREFORE, in exchange for consideration in, or referred to by, this Agreement,

the City and Mr. Toribio agree as follows: 1. Position and Duties.

(a) The City hereby agrees to employ Mr. Toribio full time and Mr. Toribio

agrees to be so employed as the City Manager of the City pursuant to the terms and conditions of this Agreement. Mr. Toribio agrees to remain in the exclusive employ of the City, unless otherwise specifically agreed to in advance in writing by the City Commission, through the term of this Agreement or, if earlier, until the employment relationship is terminated pursuant to the terms of this Agreement. The term "employ" shall not be constructed to include volunteer work or related activities performed on Mr. Toribio's own time, so long as his engagement in such activities does not detract from his performance of his duties and responsibilities for the City.

(b) As City Manager, Mr. Toribio shall perform the duties and

responsibilities specified in the City Charter and the City Code of Ordinances as adopted by the City Commission and to perform other legally permissible and proper duties and functions as the City Commission shall from time to time assign. Mr. Toribio shall undertake such duties and assume such responsibilities at all times in compliance with the International City Managers Association Code of Ethics (the "ICMA Code of Ethics").

2. Term of Employment. The period of Mr. Toribio's employment will commence

on his first day of work and, unless earlier terminated as provided below, extend for a three (3) year period ("Initial Term"). Following expiration of the Initial Term, the term of employment will automatically be extended for a one-year period (a "Successive Term") unless the City or

Page 36: February 18, 2019 – 6:00 p.m

2

Mr. Toribio delivers written notice to the other, not less than sixty (60) days prior to expiration of the Initial Term, stating that the term will not be extended upon expiration of the Initial Term. The term will similarly be extended for a one-year period upon the expiration of each Successive Term unless notice is delivered not less than sixty (60) days prior to the expiration of the then-current Successive Term. The period of employment under this Agreement (including the Initial Term and all Successive Terms) is referred to as the "Employment Term."

3. Compensation and Benefits.

(a) Compensation.

(i) Salary. During his employment as City Manager, Mr. Toribio shall receive a salary of One Hundred Twenty Thousand and no/100 Dollars ($120,000.00), which salary will be payable by the City in regular installments in accordance with the City's general payroll practices in effect from time to time. The City shall endeavor to comply with applicable tax laws, rules, regulations, and requirements and, accordingly, shall withhold such amounts and report such payments in such a manner as it reasonably deems necessary and proper. The salary for any partial year will be prorated based upon the number of days elapsed in such year. Salary will be generally reviewed in conjunction with Mr. Toribio's annual performance evaluation, and any change to the salary will be communicated by the City Commission to Mr. Toribio in writing.

(b) Benefits. (i) City Employee Benefits. Mr. Toribio will be entitled to participate

in all of the City's employee benefit programs for which City employees are generally eligible in accordance with the terms and conditions of such programs as the same may be modified from time to time. Currently, such benefits include: (a) family medical, dental and vision insurance plans; (b) 401(a) retirement plan (15%/1% employer/employee contribution); (c) life insurance (1x annual salary); and (d) long-term disability insurance, among other benefits.

(ii) Vacation. Fifteen (15) days of paid vacation per year, administered

pursuant to the City's policies for vacation. (iii) Paid Time Off. Two (2) days of personal paid time off per year,

administered pursuant to the City's policies for paid time off. (iv) Sick Leave. Twelve (12) days of paid sick leave, administered

pursuant to the City's policies for paid sick leave.

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3

(v) Holidays. Ten (10) paid holidays per year, currently including: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, and Christmas Day.

(vi) Vehicle Allowance. During the term of this Agreement,

Mr. Toribio shall receive a motor vehicle allowance of Five Hundred and no/100 Dollars ($500.00) per month as compensation for the business use of his personal vehicle.

(vii) Cell Phone. During the term of this Agreement, Mr. Toribio shall

receive a cell phone allowance of Twenty and no/100 Dollars ($20.00) per pay period as compensation for the business use of his personal cell phone.

(viii) Business Expenses. Reimbursement for reasonable business

expenses incurred by Mr. Toribio in the course of performing his duties and responsibilities under this Agreement, and that are excludable from gross income, in accordance with the City's policies and procedures for expense reimbursement.

(ix) Housing Allowance. The City encourages Mr. Toribio to reside

within the City limits. Accordingly, Mr. Toribio shall be eligible to receive a one-time housing allowance of Fifty Thousand and no/100 Dollars ($50,000.00), payable in one lump sum, once he finds suitable housing to rent or own within the City. Provided, however, that if Mr. Toribio's employment with the City ends, for any reason, within sixty (60) months of receiving the housing allowance, Mr. Toribio agrees to re-pay to the City a pro-rata portion of the allowance, within thirty (30) days after the termination of Mr. Toribio's employment, as follows: (A) Fifty Thousand and no/100 Dollars ($50,000.00) if within

twelve (12) months of receiving the allowance; (B) Forty Thousand and no/100 Dollars ($40,000.00) if within

thirteen (13) and twenty four (24) months of receiving the allowance; and (C) Thirty Thousand and no/100 Dollars ($30,000.00) if within

twenty five (25) and thirty six (36) months of receiving the allowance. (D) Twenty Thousand and no/100 Dollars ($20,000.00) if within

thirty seven (37) and forty eight (48) months of receiving the allowance. (E) Ten Thousand and no/100 Dollars ($10,000.00) if within forty

nine (49) and sixty (60) months of receiving the allowance.

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4

(x) House Hunting Trip. Recognizing the need to facilitate and

expedite Mr. Toribio's move from his current residence, the City shall pay for Mr. Toribio and his spouse to travel to Michigan and spend three (3) days dedicated to finding a permanent residence. The City shall arrange and pay for round-trip airfare, local transportation, lodging, and food.

(xi) Relocation Expenses. The City shall pay or reimburse Mr. Toribio

up to a total of Ten Thousand and no/100 Dollars ($10,000.00) for documented expenses associated with Mr. Toribio's relocation from his current residence in connection with employment with the City. To be eligible for reimbursement, all such expenses must be incurred within sixty (60) days of Mr. Toribio taking possession of his residence in Michigan. Provided, however, that if Mr. Toribio's employment with the City ends within twelve (12) months of the Effective Date, Mr. Toribio agrees to re-pay to the City the full relocation assistance within thirty (30) days after the termination of Mr. Toribio's employment.

(xii) Professional Development. The City shall budget for and pay for

professional dues and subscriptions necessary for Mr. Toribio's continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for his continued professional participation growth, and advancement, and for the good of the City. Mr. Toribio shall submit to the City for prior approval requests to attend courses, institutes, conferences and seminars necessary and desirable for his continued professional growth and advancement. The City shall then decide whether to budget for and pay for necessary registration costs, travel and food expenses associated with such courses, institutes, conferences and seminars. Any such funds under this section (xii) may be limited by the City Commission upon prior notice to Mr. Toribio.

(c) Withholding. All amounts payable to Mr. Toribio as compensation

hereunder shall be subject to all required and customary withholding by the City.

4. Termination of Employment. Mr. Toribio's employment with the City is "at will" and his employment shall continue so long as the services rendered by him pursuant to this Agreement are satisfactory to the City. Mr. Toribio and the City shall have the right to terminate this Agreement as follows:

(a) Mr. Toribio may resign as City Manager at any time upon at least forty

five (45) days' advance written notice to the City. (b) Upon the death or disability retirement of Mr. Toribio.

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5

(c) The City may terminate the services of Mr. Toribio as City Manager without cause. Termination "without cause" shall be defined as any termination which does not constitute "for cause" termination as defined in this Agreement. Further, Mr. Toribio shall be deemed terminated "without cause" if the City acts to substantially alter, reduce or diminish any of the material terms and/or conditions of his employment or this Agreement.

(d) The City may terminate the services of Mr. Toribio as City Manager for

cause. The term "for cause" shall mean (i) the willful failure to perform his duties under this Agreement; (ii) the willful engagement in dishonesty, illegal conduct, or misconduct; (iii) embezzlement, misappropriation, or fraud, whether or not related to his employment with the City; (iv) a conviction of or plea of guilty or nolo contendere to a crime that constitutes a felony (or state law equivalent) or a crime that constitutes a misdemeanor involving moral turpitude; (v) a violation of a material City policy or ordinance; (vi) a violation of the ICMA Code of Ethics; or (vii) a breach of the terms and conditions of this Agreement. For purposes of this provision, no act or failure to act on the part of Mr. Toribio shall be considered "willful" unless it is done, or omitted to be done, by Mr. Toribio in bad faith or without reasonable belief that his action or omission was in the best interests of the City.

5. Effect of Termination on Compensation.

(a) Termination with No Additional Compensation. If Mr. Toribio's

employment terminates upon expiration of the Employment Term, as a result of Mr. Toribio's resignation without advance written notice pursuant to Section 4(a), is terminated due to death or disability pursuant to Section 4(b), or is terminated by the City for Cause pursuant to Section 4(d), all compensation and benefits to Mr. Toribio hereunder shall terminate contemporaneously with the termination of such employment, except as otherwise required by law.

(b) Termination with Severance Pay. If Mr. Toribio's employment is

terminated pursuant to Section 4(c) prior to the expiration of the Employment Term, then Mr. Toribio shall be entitled to receive: (i) continued salary for six (6) months, which amount shall be paid in accordance with the City's standard payroll practices; and (ii) payment of COBRA expenses for six (6) months, in addition to any other compensation and benefits as otherwise required by law. All benefits paid under this Section 5(b) shall be part of a standard separation agreement between Mr. Toribio and the City including a release of claims and other provisions acceptable to the City. Should Mr. Toribio become employed elsewhere within six (6) months after his employment was terminated pursuant to Section 4(c), Mr. Toribio shall only be entitled to receive benefits under this Section 5(b) after his new employment commences equal to the difference, if

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6

any, between the benefits he would have received under Section 5(b) and the benefits he is receiving from his new employment.

(c) Termination with Advanced Written Notice. If Mr. Toribio's employment

is terminated as a result of Mr. Toribio's resignation with advanced written notice pursuant to Section 4(a) prior to the expiration of the Employment Term, then Mr. Toribio shall be entitled to receive all accumulated unused vacation, paid time off, and sick leave days, in addition to any other compensation and benefits as otherwise required by law.

6. Performance Evaluation. Initially, Mr. Toribio shall meet with the City

Commission at the six (6) month anniversary of his employment for an informal review and evaluation of his performance as City Manager. Thereafter, the City Commission shall review and evaluate the performance of Mr. Toribio as City Manager at least annually. Such annual review and evaluation shall be conducted in accordance with specific criteria developed jointly by the City and Mr. Toribio. Said criteria may be added to, deleted from or revised as the City may, from time to time, determine in consultation with Mr. Toribio. Further, the City Commission shall provide Mr. Toribio with a written summary of its evaluation and provide an opportunity for Mr. Toribio to discuss his evaluation with the City Commission.

7. Indemnification. The City shall provide Mr. Toribio with errors and omissions

insurance coverage in an amount and scope that is customary for an organization of the City's size and nature, and in accordance with the terms of the City's policies as in effect from time to time, which policies may be subject to changes during the Employment Term. Subject to the foregoing, the City shall defend, save harmless and indemnify Mr. Toribio against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of Mr. Toribio's duties and/or assumption of responsibilities as City Manager. The City shall actively defend or cause to be defended any such claim or lawsuit and may compromise or settle any such claim or suit (in its discretion) and will pay the amount of any settlement or judgment rendered. The City may withhold said indemnification only in the event that the litigation and/or claim arises out of illegal or immoral activity committed by Mr. Toribio. In such event, the City's obligations under this Section 7 are entirely voluntary and within the sole discretion of the City. The obligation of the City under this Section 7 shall continue after Mr. Toribio is no longer employed by the City for any claim, demand or action arising during the term of his employment with the City.

8. Bonding. The City shall bear the full cost of any fidelity or other bonds required of Mr. Toribio under any law or ordinance.

9. Applicable Law. The validity, construction and enforcement of this Agreement shall be governed and construed in accordance with the laws of the State of Michigan.

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7

10. Complete Agreement. This Agreement is the entire agreement between the City and Mr. Toribio and it supersedes any prior or contemporaneous agreements, understandings or arrangements, whether written or oral.

11. Modification. This Agreement may not be amended or modified except in writing signed by both the City and Mr. Toribio.

12. Severability. Should any provision of this Agreement be held by a court of competent jurisdiction to be enforceable only if modified, or if any portion of this Agreement shall be held as unenforceable and thus stricken, such holding shall not affect the validity of the remainder of this Agreement, the balance of which shall continue to be binding upon the parties with any such modification to become a part hereof and treated as though originally set forth in this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date

written above. CITY OF EAST GRAND RAPIDS By: Title: EMMANUEL TORIBIO 14505927_1.docx

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CITY OF EAST GRAND RAPIDS

750 LAKESIDE DRIVE SE · EAST GRAND RAPIDS, MICHIGAN 49506

(616) 949-2110 www.eastgr.org

AMNA P. SEIBOLD MAYOR

MEMORANDUM TO: City Commissioners FROM: Amna Seibold, Mayor DATE: February 5, 2019 RE: Committee Assignments Action Requested: That the City Commission approve the appointments to the City Boards and Commissions and other community appointments as outlined in the attached spreadsheet. Background: There have been some requests for reassignments mid-term. After talking with everyone, I am submitting the attached spreadsheet for approval. AS/kb/9489 Attachment

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CITY COMMISSION COMMITTEE APPOINTMENTS AS ASSIGNED BY THE MAYOR

2019Finance Infrastructure Personnel effective 2/18/19Hamrick Duncan Hamrick

Zagel Hamrick MillerWalters Miller Walters

Duncan (alt)

APPOINMENTS TO BOARDS AND COMMISSIONS AS RECOMMENDED BY THE MAYOR FOR CITY COMMISSION APPROVAL

Board Of Parks & Rec. Library Planning Review Commission Commission CommissionFavale Favale Duncan MillerWalters

Community Joint Facilities GVMC GVBA C.A.C.Foundation Committee Board LaFave Duncan

Favale Hamrick Donovan ZagelSeibold SeiboldWalters Zagel

Waste To RAPID/ITP Ambulance Consortium SuperintendentsEnergy Seibold Donovan Advisory Miller Billardello * Herald Council

Buikema (alt) Duncan

Seibold Zagel Favale Hamrick Duncan Miller Walters

EGRCF Finance Board of Review Finance Infrastructure Infrastructure FinanceJt. Facilities Jt. Facilities Parks & Rec. Infrastructure Library Personnel Personnel

ITP GVBA EGRCF Personnel CAC Planning Board of ReviewJt. Facilities SAC Waste to Energy EGRCF

Finance (alt)

* Community member

Revised 2/4/2019

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CITY OF EAST GRAND RAPIDS

750 LAKESIDE DRIVE SE · EAST GRAND RAPIDS, MICHIGAN 49506

(616) 940-4817 www.eastgr.org

DOUG LAFAVE ASSISTANT CITY MANAGER

MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Doug La Fave, Assistant City Manager DATE: January 29, 2019 RE: Street projects-spring 2019 Action Requested: That the City Commission consider approval of recommended street projects for spring of 2019 to bid mill/fill projects and further approve contracting with American Pavements, INC of Plain City, OH through the Kent County Road Commission 2019 micro-surfacing bid # 19-08 for capeseals and micro-surface treatments in an amount of $416,000. Background: Each year the City of East Grand Rapids collaborates with the Grand Valley Metro Council (GVMC) to update asset management ratings through the Pavement Surface Evaluation and Rating (PASER) system which is a visual survey method for evaluating the condition of roads through the use of specialized scanner technology. The method was developed by the University of Wisconsin Transportation Information Center to provide an efficient and consistent method for evaluating road conditions. Michigan’s Transportation Asset Management Council (TAMC) has adopted the PASER system for measuring statewide pavement conditions in Michigan. Based on updated PASER ratings from the fall of 2018 and available funding, spring 2019 treatments/projects are recommended as follows: Capeseals: ~$270,000 through the Kent County Road Commission bid # 19-08

· Plymouth Road (Hall Street to Robinson Road) · Wealthy Street (Lovett Avenue to West City Limits) · Lake Drive (West City Limit to Bagley Avenue) · Lake Drive (Conlon Drive to Hall Street) · Reeds Lake Blvd (Manhattan Road to East City Limits)

Micro-Surface: ~$146,000 through the Kent County Road Commission bid # 19-08

· Wilshire Drive (Hall Street to Breton Road) · Cornell Avenue (Wilshire Drive to City Limits) · Eastlawn Road (Boston Street to Heather Street) · Tenway Drive (Englewood Drive to City Limits) · Warwick Road (Tenway Drive to City Limits) · Englewood Drive (Tenway Drive to City Limits) · Albert Drive (Groton Road to Andover Road) · Conlon Avenue (Berwyck Road to End) · Darby Lane (Berwyck Road to End)

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· Vesta Lane (Berwyck Road to End) · Andover Road (Richards Drive to Hampshire Blvd) · Sherwood Avenue (Maplewood Drive to City Limits) · Ridgewood Avenue (Lake Drive to Maplewood Drive) · Edgewood Avenue (Lake Drive to City Limits) · Woodshire Avenue (Hall Street to Lake Drive) · San Jose Drive (Burchard Street to Hall Street) · Seminole Road (Fisk Road to City Limits) · Gladstone Avenue (Mackinaw Road to Alexander Drive) · Pontiac Road (Rosewood Drive to Gladstone Avenue) · Rosewood Avenue (Sherman Street to Franklin Street) · Gladstone Avenue (Reed Street to Franklin Street) · Belvedere Drive/Lake Pointe Drive (Edgemere Drive to Edgemere Drive) · Reeds Lake Blvd (El Centro Blvd to Rexford Drive) · Rexford Drive (Cascade Road to Reeds Lake Blvd) · Kingswood Drive (Cascade Road to End) · Frederick (End to End)

Mill/Fill: Approval to bid-engineering estimate ~$788,000

· Woodcliff Circle Drive (Hall Street to Lake Drive) · Indian Trail (Bellclaire Avenue to End) · Greenwood Avenue/Barnard Street (Lakeside Drive to Wealthy Street) · Englewood Drive (Breton Road to Whitfield Road) · Pinecrest Avenue (Argentina Drive to Hall Street) · San Juan Drive/El Dorado (Argentina Drive to Santa Cruz Drive) · Santa Monica Drive (Breton Road to Kenesaw Drive) · York Drive (Berwyck Road to Richards Drive) · Alexander Drive (Plymouth Road to Cambridge Drive)-Alternate Options · Pinecrest Avenue (Elmwood Drive to Heather Street) · Woodlawn Avenue (Maplewood Drive to City Limit)

These projects are funded in the current FY 18/19 major and local street budgets including the amended budget for cost savings realized from ending fund balance from previous project savings. This has been reviewed by the Finance Committee and found to be in order. _________________________ Brian Donovan, City Manager

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80 470 940 1,410 1,880 2,350235Feet

Date:1/10/19

CITY OFEAST GRAND RAPIDS

2019 Street Work

MICHIGAN

Drawn By: Brian Bigorowski

Legend2019 Capeseal

2019 Micro-Surface

2019 Mill/Fill

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80 510 1,020 1,530 2,040 2,550255

Feet

CITY OFEAST GRAND RAPIDSMICHIGAN

2018 STREET RATINGS

Date Created: 10-23-2018 By: B.Bigorowski

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PROCEEDINGS OF THE PLANNING COMMISSION CITY OF EAST GRAND RAPIDS

January 8, 2019

East Grand Rapids Community Center – Commission Chambers

Present: Chairman John Barbour, Commissioners John Arendshorst, Kevin Brant, Jeff Dills, Tom Getz, Mary Mapes, Brian Miller, Michael Naltner and Jeff Olsen Also Present: Assistant City Manager Doug LaFave, City Zoning Administrator Alek Mizikar, City Attorney John Huff and Recording Secretary Lynda Taylor 1. CALL TO ORDER Chairman Barbour called the meeting to order at 5:31 PM. 2. APPROVAL OF MINUTES

A motion was made by Commissioner Getz and supported by Commissioner Miller to approve the minutes as written. Yeas: Commissioners Arendshorst, Barbour, Dills, Getz, Mapes, Miller, Naltner and Olsen – 8 Nays: -0-

Commissioner Brant arrived at 5:35 PM. 3. REVIEW AND APPROVE THE 2018 PLANNING COMMISSION ANNUAL REPORT

Zoning Administrator Mizikar explained that the Michigan Planning Enabling Act requires that a Planning Commission prepare an annual report of their activities for the legislative body. The Planning Commission in the past has not prepared an annual report because they only act as a recommendation body to the City Commission, and Planning Commission meeting minutes are always forwarded on to the City Commission after each meeting.

Commissioners thanked Zoning Administrator Alek Mizikar for the report.

A motion was made by Commissioner Arendshorst and supported by Commissioner Getz to approve the annual report as submitted. Yeas: Commissioners Arendshorst, Barbour, Brant, Dills, Getz, Mapes, Miller, Naltner and Olsen – 9 Nays: -0-

4. DISCUSSION AND PUBLIC HEARING ON COVERED FRONT PORCH YARD SETBACK REQUIREMENTS

Zoning Administrator Mizikar reviewed his memo of December 26, 2018 and a summary of discussion from the Planning Commission meeting held on December 11, 2018. Commissioners discussed the setback measurements and stipulations regarding porch width, wall height and opacity, railings, glass and screens. Mr. Mizikar suggested contacting City Planner Paul LeBlanc for wording recommendation before the recommendation is forwarded on to the City Commission. A motion was made by Commissioner Getz and supported by Commissioner Mapes to recommend to the City Commission approval of the following front porch setback encroachment requirements:

Page 52: February 18, 2019 – 6:00 p.m

· Allowed encroachment would be the lesser of 6' or 20% of required setback, measured per Alek's recommendation of the front property line to the nearest wall of the principal structure,

· No width restrictions, · Railings and knee walls up to minimal building code requirements, · No screens or glass can enclose the porch · No more than 50% opacity requirement for railings.

5. REPORT OF THE CITY COMMISSION Commissioner Miller reported the following:

· City Manager Brian Donovan's retirement is coming soon. · A task force was put together by the Mayor has been looking at candidates · Community open house the evening of Thursday, January 10 to meet all candidates · Friday, January 11 - public interviews, discussion, make a recommendation of a finalist and

authorize the Michigan Municipal League to negotiate on the City's behalf with the finalist. 6. NEXT REGULAR PLANNING COMMISSION MEETING: February 12, 2019 7. ADJOURNMENT The meeting was adjourned at 6:09 PM. Respectfully submitted, Lynda Taylor Recording Secretary

Page 53: February 18, 2019 – 6:00 p.m

EAST GRAND RAPIDS

PARKS & RECREATION COMMISSION MEETING

EGR COMMUNITY CENTER

COMMISSION CHAMBERS

6:00 PM

MONDAY, JANUARY 14, 2019

The regular meeting of the Parks and Recreation Commission was held in the City Commission Chambers in the East Grand Rapids Community Center.

Rick Sprague called the meeting to order at 6:02 pm.

PRESENT: Carol Campbell, Liz Mitchell, Adam Rogalski, Aaron Smith and Rick Sprague ABSENT: Nick Abraham, Brad Andrzejewski, Mark Hessler and Katie Favale STAFF: Fred Bunn, Susan Perry and Diane Ritzke GUEST: Tom Tilma

Report of Commissioners: Liz Mitchell - None Adam Rogalski - None Carol Campbell - None Rick Sprague – None Aaron Smith – None

Minutes for the October 8, 2018 Parks and Recreation Commission meeting were presented for approval. A motion was made to approve the minutes for the October 8, 2018 Parks and Recreation Commission meeting. MOTION: Carol Campbell SUPPORT: Aaron Smith YES: Campbell, Mitchell, Rogalski, Smith and Sprague (5) NO: (0)

The Community Plan Timeline for 2019 was reviewed by Director Fred Bunn. The first public workshop is scheduled for May 13, 2019 with a plan completion date of January 2020. Liz Mitchell asked for a list of the projects that were completed and those that were not completed from the 2012 Master Plan. Adam Rogalski asked what the expectations of the Commission and what role the Commissioners will have. Fred explained the Commissioners should plan on being at the four Public Workshops. The workshops are public charrettes where attendees are split up in groups. The Commissioners will be seated in different groups to participate in discussions and take notes. Someone from MCSA and Fred will lead discussion for these public charrettes.

The Special Event Calendar was reviewed.

Special Events were presented for approval: A. Adaptive Wake Surf Tour, July 27, 2019B. Rhoades McKee Reeds Lake Triathlon, September 7, 2019C. Gazelle Sports Gobble Wobble, November 28, 2019

Director Fred Bunn reviewed these events. All are returning events.

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Parks and Recreation Commission Meeting Minutes – January 14, 2019 – page 2 A motion was made to approve the special event permits for the Adaptive Wake Surf Tour, July 27 2019, Rhoades McKee Reeds Lake Triathlon September 7, 2018 and the Gazelle Sports Gobble Wobble, November 28, 2019. MOTION: Carol Campbell SUPPORT: Adam Rogalski YES: Campbell, Mitchell, Rogalski Smith and Sprague (5) NO: (0) Public Comment: Tom Tilma, 1635 Hall St. SE, inquired how the Park and Recreation Plan would work with the Mobility Plan that Doug LaFave, Assistant City Manager, is working on. Fred reported he has not heard anything regarding the Mobility Plan but will review it with Doug LaFave. Director’s Report Fred Bunn, Director of Parks and Recreation reported on the following:

City Manager, Brian Donovan will be retiring this year. The City Commission and Mayor interviewed candidates last Friday and have made a conditional offer to Emmanuel Toribio (Manny) from Iowa to become the City Manager for East Grand Rapids.

The City Commission approved a Private Fireworks Use and Display Permit and application process at their January 7, 2019 meeting.

Invasive Species Workshop – the next event is February 16, 2019 from 9-12:00 noon at Waterfront Park. Anyone interested in participating at this workshop can either pre-register or just stop in.

The City will be using a new software program called NeoGov, which is an online hiring center. This will allow the city to become more automated online for all aspects of hiring a new employee.

A motion was made to adjourn the meeting @ 6:26pm. MOTION: Aaron Smith SUPPORT: Carol Campbell YES: Campbell, Mitchell, Rogalski, Smith and Sprague (5) NO: (0) 1/17/19 - dfr