good evening we're glad to have you a part of this meeting march seven twenty eighty thank you for spending this evening with us whether in person or on line glad to have you can we start with the roll call please have done for decades we'll begin with an opening prayer led by our colleague council member lynn and after that we'll have the pledge of allegiance we would love it if you could join us by  standing lord we need tonight in service to our community to be good stewards of our resources to make decisions that promote the good of the whole as trusted servants we seek a blessing on our deliberations and our efforts here this evening where we act wisely and well  of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all thank you brian and now will do the consented genda that is a long list of items that we plan to address with one vote at the end but perhaps you came to address one of those issues and you would rather that we not handle it as a part of a block vote if that's the case at the end of the reading of the consented genda i will open it up for you to come forward give us your name and address and whichever item you would like taken off the consented and so mr  fourteenth study session february twenty first special and regular and the february twenty eighth two thousand eight hundred special joint h p b two h b p w special in study sessions item for c to accept and file executed oaths of office from various boards and commissions item eight a to approve first study and report a request for a sidewalk at five thirty four plasma in ave i'm twelve d one to refer claims filed against the city to the city's insurance carrier and city attorney for consideration item twelve d two to approve the two thousand and eighteen tulip time festival contract subject to approval was due form by the city attorney and approval of the required insurance certificate item twelve either one point one to approve the storm drainage easement from number eight sixty seven lincoln avenue as part of the lincoln avenue construction project subject to approval as deformed by the city attorney don't twelve efore point one to declare various items a surplus and authorize staff to dispose of all items in a manner that is most advantageous to the city item twelve easy six point three  approve the flora layout with holland christian schools for the long term lease agreement to play basketball at the holland civic center as recommended by the civic center place board item twelve easy six point four to approve the change in project scope for the holland civic center plays for construction related to the roof and authorize the city's project manager to sign all change orders on behalf of the city i don't twelve  seven point one to approve the bid from cd w in the amount of fifteen thousand sixty four dollars and ten cents for the b s in a server replacement and direct staff to make the purchase out of the fiscal eighteen budget amount in the technology services budget thank you sir i was there one of those items that was on that list that you came here this evening and you want that taken out of consented so we handle it in its sequence as it appears on your agenda if that's the case you may come to the podium and give us your name and address and the item that you would like taken out of consent there anyone has something not seen one in the audience have a council does anyone here have something they would like taken off the consent agenda and then we need a motion to approve the consent agenda move by peters or supported by byrd can we have a roll call a response to that peters garcia yes lynn yes corben yes hoekstra yes byrd yes merely bore yes most and passes seven zero thank you sir we need a motion to remove the and finish business about the traffic change of the parking restriction and west twentieth so move move by hook stretch support supported by lynn all those in favor say i post same sign of the parking restriction proposal that was recommended by the traffic committee a few sessions ago we did receive input from the public on that and we sense modified that recommendation to reflect that input  specifically the recommendation before you is to be able to post no stopping standing or parking i'm a south side of west twentieth street from vendor altie avenue to a point five hundred twenty feet east of the intersection and this would be only during pick up and drop off times on school days great and everybody's been noticed accordingly and we've yes thank you kind of feels like rocky three with this t peter's your door yes motion passed a seven zero thank you sir thanks for all your work on that brian we're moving on to public comment this is the time in the agenda where you may address council about whatever is on your heart just come to the podium give us your name and address you are allotted five minutes to speak there's a little green light that means go a yellow light means one minute left and the red light means your five minutes are we are open for public concern about amendment ordinance i mean sorry nineteen slash thirteen dot one that saw the inappropriate storage of items in an enclosed residential use properties i am the largest use appliance dealer in the county in i do free appliance removal from somebody gets a new appliance and they need it gone i come and get it and i take  under section b the bottom parts to store the storage defined in this statute as more than twenty four hours or between the hours of six pm and six am the average person works nine to five then if something breaks they got to go to best buy a b c warehouse which is open till eight nine o'clock get their new appliance and bring it home we're going to with their old one all of the any scrap yard or any d is closed because they're open during normal business hours so they got to sit with a washer in the living room all night all i would like to try to have this amended the twenty four business hours and get rid of the six pm to six am eastern standard time part of it to me it seems a little bit silly people having to have a washer or fridge or are sitting in their living room because they can't get rid of it till the next day and that's all i have  comment evening my name is ivy let's go i currently reside two six five east fifteenth street holland michigan for nine for two three i also served as a delegate during the twenty sixteen election for that precinct and i got some good news and some bad news the good news is we live five day the bad news is that i was told that  second vote was taken i regard to the damages in my car however there's no documentation within any of the nose or the any of the comments from any of the meetings stating that there was a it was put to a second needs to get resolved and it has also hampered me from submitting other claims because i feel that if someone bias and we give up some of our freedoms in our rights to pursue for being entered or heard damaged by the city's neglect and i'm here to let you know that not only has that happened to  me i don't think it's proper and i also feel that if we're going to have laws then they need to be administered across the board equally not have passionately and i goes for several departments  all the laws that i'd be unbroken all the laws that are not being enforced first as a city in a state then at the federal level is a continuous problem and i would like the damages for my car she'd be taken care of and i would also like the damages to myself  personally i'm not sure if it's a color thing or not but the young lady that got caught in the same place everybody was open arms and wide open arms to her and my situation i am still being diagnosed even as we speak every disc in my back is herniated my teeth have to be seen in chicago it's the nearest dentistry because of a city problem in which i couldn't even write or fill out the form that's why ryan took out the information and other four and now again you know this form keeps coming up which keeps getting me nowhere view would you like to give your contact information to our temporary city manager please thank you anyone else have a comment for the council hello mayor to board members of city council my name is patrick greevy i'm with waste management our office is one six six eight puerto st in wyoming i want to be respectful of your rules here is that ok i don't want to talk about a bit i want to talk about recycling for a few minutes if that's all right thank you appreciate the time and so you'll have to help me with the later because i'm colorblind so whichever one means it's time for me to quit i'll try not even to get to it but it's a time just left to right just tell me to go sit down is my time is up i appreciate it so thank you for the opportunity is to speak thank you for the opportunity to submit a bit appreciate the discussion upstairs what i want to talk about is some of the questions about so what's the difference between you know the yellow bag program in the carts and and w ise maybe that important hearing from the staff started to touch on it but you've probably already about the situation with china and their ban on import of certain materials you may not know about china is the largest consumer of recycled materials basically on the globe not only from the united states but from throughout the world and so what they've done is with these certain restrictions is they've said amongst other things that you know we're only going to accept certain material on the contamination level and that material i think the standard they've arrived at so far is point five percent to put that into perspective there isn't a recycle processing plant that i know of in the u s at least  not be a waste management not any of the other companies that can produce a bale a product that can meet that standard in terms of contamination and so aaron started to talk about you know the separate container maybe why that's important in the education of recycling and things like that i guess as i sat there and listened then those are great questions by the way the questions you obviously should ask when you're looking at a cost equation and ok what's the differentiation here with that with the carts that are proposed by ourselves and some of the other bidders you know you literally can see what's in the container as you're tipping that container the style a truck we could we would use you'd be able to see it and one of the requirements of your specification is even that you have a camera on the truck so we have trucks around the country now that are not only rigged up with a camera kind of looking down the road but you have a hopper camera you have a backup camera on it the technology that are in some of these trucks is it's pretty fascinating but i guess i tell you all this because the long term sustainability of recycle programs and mr lynn you raise a good point you know people want to divert more and more of this material that's going material you want to throw it in the trash right when you go to the curb with your card or your bag or whatever it is you're basically entering into the raw material market in saying here's my bid to the market here's my material in this case china or anybody else that's going to receive those will let me see what's in there you know i want good clean a certain type of material i don't want other things mixed in there want to get it and so with the process a single stream recycling whether it's in the cart or in the bag what's important is when somebody goes to sort out they have material they can meet those contamination thresholds so that that material has value that's reflected in the rates you see up there for the services the value that you can derive from the material and i guess with the card prescience that you recycle we looked at your car you know you have these things in there those shouldn't be in there how about you put more of these other things in so that education can get right down to the household level something you may want to look bag and another vendor with the weekly card so i just want to pass that along again appreciate the opportunity to bed look forward to your discussion and decision on the matter and thank you for your time thank you and the comments from the public right we will close public comments and we'll move on to the adoption of ordinances looks like we have a list from jenelle's click our senior planner from the neighborhood and community services department santa can you take us through these changes please yes good evening mayor good evening council members so the first one is the parking overlay amendments to sections thirty nine dash sixty two thirty nine dash two eighty four and thirty nine dash thirty three twenty two this is regarding off street parking requirements within the central neighborhood district which spans between  and educational zone districts currently the regulations are different for our t r n an educational zone districts this amendment is is looking to align them together district in addition to that a parking plan is being proposed that if two adjacent homes are owned by the same owner with a permit from c n n as they c allowed to have a total of twelve spaces so for instance you could have eight spaces on one property and four spaces on the other however this this parking plan would discontinue upon sal of one or the other or both of the houses so that is the first one i don't know if you want to we i think we have to handle each one  yeah so does anyone have any questions or concerns about this change yes or brian is this ron the question for you is it possible for other things that are currently going on limit in the district in the r t r and district there they're both in separate sat there's there's a parking limit that's in the r t r in section sort of buried in there and and then buried in the e d district is a clause that says you have to comply for residential structures with the r t r and it's a little bit confusing to some folks and so this puts both into one section and it moves it in the ordinance code into the parking section which seems like a logical place to put  that and some things like jenna mentioned about the parking plan if you get to adjacent properties for example ok thank you we have a motion strength support supported by carbon anymore discussion ordinances all together you received a packet a couple of meetings ago with many other chapters and now this is coming to you with recommendation from planning commission to adopt down yes so with our fences ordinance what we wanted to do is combine all of the fence ordinance language that applies to residential fences to one place  so we're proposing that place to be in section thirty nine dash eleven and in that section as you can see in your package we have many general fans regulations that are really again  nothing major has changed from from previously but just again consolidating them to one plays also making the ordinances user friendly is possible with diagrams pictures indicating the different types of fences that are permitted ball as well as a table depicting the different height requirements and where which side yards they are available on earth they are permitted on and other than that there other significant changes we think you do have a motion to move by heaters supported by garcia anymore discussion we appreciate your user friendly mentality going past a seven zero excellent now we're on to signs it was a court case that kind of changed the world with signs can you explain that a little bit sure so this is a this comes out of the twenty fifteen supreme court  read verses gilbert town of gilbert arizona and the basis of it is that there was a conflict as to whether or not there could be regulation based on the content of the actual sign the decision by supreme court was in fact that no it is not legal to regulate signage based on the content therefore if you can read it if you need to read it in order to regulate it then you need to change your ordinances and so really as all of the communities throughout the country have looked over our ordinances we have found that indeed a lot of the regulations are based on having to read the sign so staff has gone through it very diligently to make sure that we're taking that out of the ordinance and while doing so we also decided to clean it up and make it more user friendly especially with with a nice chart that is pretty high tech and again this is this was recommended by planning commission as well great thank you we have a is so in light of all of these changes we want to make sure that our definitions section thirty nine dash two is updated as well and so this reflects the definitions about fences that we've injected into the ordinance it also reflects signs in the different kinds of sign types and then also there were a couple of changes that the general code updates had triggered for this section  going to talk about the city manager employment agreement thank you madam mayor at the last meeting the council selected mr van beek as the next city manager of power and directed us to prepare an employment agreement a follow the format that we've used and past city employees as city manager placement agreements and it prepared the one that is before you now it provides for a term of two years approximately the term runs to the end of the year in two thousand and twenty and would then be sent with their fiscal year going forward provides for a description of job duties that have been updated by the human relations department provides for salary increases a two point five percent in six months and two point five percent in eighteen months assuming the japara formants is as acceptable and then provides for regular reviews and evaluations of the manager to make sure the council and manager employment with the city green thank you any questions do we have a motion here to bore yes morton passed the seven zero and would have been one zero if the other two were here thank you and to the assignment of the chef container changeover can take us to that sure we have a new agreement in place currently with chef container in the city to collect solid waste from residential customers it's an agreement that started in two thousand eleven there prior agreements but current one started in two thousand and eleven it runs through the end of this fiscal year june thirtieth two thousand and eighteen chef container approached us a while back about a month ago indicating that they are planning to sell their assets to operations to allied waste systems inc delaware corp the current agreement requires that before they can assign the agreement that they have to have city council approval and so that's why it comes before you tonight we've worked out terms of an assignment that we've had presented before you we've examined the certificate of insurance the information about financial qualifications and the provision of a letter of credit to secure performance and that appears to be all and in order the agreement does not provide for a standard specifically and how to judge whether to approve or not which means it's up to the city councils the discretion in approving it and i would think that the minimum you need to look at one are they committed to performing the contract if it's a signed and which they are under the assignment that we've negotiated and then secondly do they have the ability to perform and from all appearances they have the ability to perform mayor and the clerk this is not a contract and so we provided just for the sign off by city manager and by the city attorney as to form one thing that's a loose end in that yet as we haven't seen the form of the letter of credit and so the requirement is that before it can be approved signed off on that one of the requirements of the agreement is that they provide us with the form of a letter of credit ok thank you any questions for right we have a motion to move by period supported by peter's and the further discussion this is strictly for the contract through the end of june correct that's correct it has no no impact on the bits that are eighteen concert series gentex corporation five thousand dollars it is recommended these donations we accepted with appreciation and expression of gratitude be forwarded to said donors thank you tim we have a motion a movie approved with appreciation moved by parried supported by peter's and he comments a lot to be thankful for all those in favor say aye right the same sign that carries thank you now we move on to the civic center place approval of the agreement with venue where that will be handled by matt and marketing of the cynic's simpson replace with the following terms we've seen these before but it essentially it's four thousand per month pre opening service for preopening services after that it's sixty five hundred dollars per month for the management services they would receive five percent of gross food and beverage up to four hundred thousand and eight percent of food and beverage over four hundred one thousand five percent of obligated income grossing the revenue up two hundred fifty thousand and eight percent over one hundred fifty thousand and one they would get a forty percent reduction in the operating subsidy and they will award us a grant for items for within the service to civic center  up to one hundred fifty thousand dollars the big change that this reflects is the negotiation of the contract to be a three year contract with a two year rule and the inclusion of a walk away clause with three months  know is that they've already had folks in town working with us working with the board meeting with the board and board members to really get this ball moving forward we've had some food and beverage discussions we've had some expectations  discussions and my understanding is they would be in town next week with a possible candidate to be the general manager for the civic center already so things are moving very quickly again i just want to thank the board members are learning things from them every day every day new things about their life experiences and how those are really adding to the to the civic center place project so i can't thank them enough all of them i hope the members here today will  that to the others that are not here but that's really a big thing this will kick off once this it should you approve these contract terms tonight and it will really begin fast tracking the policy decisions the booking policy those kind of things and getting but your point got some really good people involved in vetting out this group to do this stuff and it's going to be a learning process on the front and i don't think anybody's expectation is can be perfect right away  i think this will be this is the right group to go with to to get that warning process kicked off and you know long term make sure that the civic centers run and operating to the best use of the community so i'm looking forward to proving th there's been very strong decision on the part of the civic center governance board to endorse this company they have really shown themselves to know what they're doing and to do it well and to do it in a way that redevelopment authority for his fourth full term that full term expires in june two thousand and twenty scott trigger to the brown food field redevelopment authority for his fifth full term and that full term expires in june tw carolyn marquess to the park and rec commission for her fifth full term and that term expires in june two thousand and twenty two markey into the human relations commission for his second full term and now it's recommended that the city council approve the reappointment of robert carlson to the brownfield would redevelopment authorities got trooper to the brownfield redevelopment authority carolyn marquess to parks and rec the commission and to mark eem to the human relations commission could have a motion for that move by peter's supported by byrd all those in favor say aye right post same sign that carries and since mike is met here as strategic development committee so it's recommended that city council approve the appointment of council member j peters as the council is on to the community energy plan strategic development committee we have a motion for that so from council members resolutions this is a wonderful night it is really a wonderful night and i am so excited to have the beginning  the soon to be permanent city manager we have appreciated the service of everyone and we still appreciate the service of captain chief met matt messer where'd that come from whatever as you're wearing as joins us on april ninth but that has been it has been a huge process amy and her group took us all over the place in their discussions and interviews and seeking of  very capable candidates and did bring us great people there was a large group of people that interviewed that helped give us feedback a very exciting layered process that proper that and also for the launching of the civic center we are really getting serious when we have the company we have the management we have the people that will come in to help with policy to begin the structure to make those dates and to really help us launch that facility in all its glory this fall so we are very excited about all of that and now we need a motion for the ending of this wonderful occasion