good evening and welcome to the regularly scheduled business meeting for july twenty twenty sixteen of the hauen city council we will start our meeting as we have for a very long time after the roll call with an opening  neighbors will look at their neighbors look after their neighbors and say always do here in holland and that will get through that stretch pray for your guidance in the deliberations and the voting by the council tonight your name  thank you ron next on the agenda is the reading of the consent to gender the city clerk will go through and read those items that are in a telecast and if you don't have an agenda there are some  the back of the room as a consent to gender these have been either previously discussed or previously held before us you may be here this evening to discuss one of these after the consent of jenna's been read there will be a opportunity to pull one of these off from the consent agenda which will then be handled in its regular regular route through out  of would you please read the consent item for each excuse the absence of for b to approve the minutes of the july sixth two thousand and sixteen regulars session minutes i don't foresee you to accept and file executed lots of offers from various boards and commissions to accept for study and report request electric utility in the amount of five million eight hundred fifty thousand to the city for fiscal year two thousand and seventeen and to authorize the deputy clerk to sign said resolution twelve eighty two to approve the change order with newkirk electric line cost revisions twelve eighty three to approve a contract with cam in the total amount of one hundred nineteen thousand six hundred fifty five for the isolation of the snow melt system from the genes de power plant to allow the system to be supplied from how an energy part and authorized the mayor and clerk to sign contract pending approval as a form by the city attorney for to approve a purchase and sale agreement with the serious coal company for up to joint as recommended by the planning commission twelve b to seventeen aid to accept in place on first reading of ordinance proposed tax amendments to section thirty nine dashboard regarding the regulation of short term rentals with  as on the city center site for eligible cost up to ten million four hundred forty nine thousand plus interest in administration costs of five thousand per year twelve point two to approve a brownfield plan for the washington school property located at one fifty six west eleventh street cost up to four hundred sixty two thousand plus administration cost of five percent and to approve the brownfield reimbursement agreement subject approval asked to form by the city attorney item twelve point three to accept the may two thousand and sixteen financial report as presented item twelve point four two approve the bid submitted by elevator services inc for maintenance and service for city elevators at a five year cost of twelve thousand four hundred dollars including hourly rates as proposed four point five to schedule a public hearing august third two thousand and sixteen to instructed to publish that notice of hearing twelve four point six to approve an agreement with public financial me and i'm at a cost of approximately thirty seven thousand eight hundred fifty to provide financial advice or services for the two thousand and sixteen refund being of series two thousand and six bonds and the two thousand and sixteen civics center place bonds and to authorize the mayor and clerk to sign said agreement item two of you four point seven to approve the bonds at a cost of thirty eight thousand five hundred and to authorize the mayor clerk to sign said agreement twelve b four point to adopt a resolution authorizing issuance of two thousand and sixteen refunding bond just got a good portion of our agenda out with items that we're calling on the consent of gender if you are here tonight to discuss one of these items now is your time to  request for one of those to be removed seeing everybody sit still looking for emotion on the agenda i'm sorry i forgot to ask counsel with night counsel you have the same option down to item five on the agenda now we have a spa special presentation by the out of the county treasurer bradley slot if you would like to make your presentation of the what very you are very welcome to the city any time looking for what you have to say that's great i appreciate the invitation to come back so it's nice not to get booted before you get started that's a great thing so first of all thank you for the come just do a presentation to the my goal tonight is to talk about and if i can get this to work but also talk about finding help as you like we all know one of the jobs that i have in the county treasurer's office is to be the collector of delinquent taxes so if people don't pay their taxes i'm responsible for the collection of that process the first they don't pay you then i buy them they come to me i take two years to try to collect them during that time frame my goal is to try and find ways for them to pay their taxes so that i don't have to take away their property away because that is the final result of that and my goal tonight would be to give you some information because maybe you know somebody just there's somebody in your community some somebody some place that maybe some of this stuff might actually make a difference for today because they're marching toward a delinquent taxes foreclosure those kinds of things so just a quick overview of what i'm trying to do so there's first of all just some and exactly brenda the deal is it's a few non governmental pages long so it's a weird language and it's not clean and it's so people need help to be able to get it filled out and i've been able to find them especially useful in trying to make that happen for people because many of these people that are struggling with the delinquency problem and marching toward foreclosure actually paranoid about government they're paranoid about talking to people they're concerned about their finances and the maybe they need help just to understand stuff that's going on community action agency is somebody that's in the holland market and i can use them also for counseling they will help with filling out forms or not as interested in doing that though they also have some supplemental food that i can find for people once again if if i can provide somebody food they've always sudden freed up resources dollars that they may there be able to pay their mortgage with or pay their taxes w how do i get them to places community action house is the same kind of thing they've got a food pantry they've got some emergency funds so if there is a need for funds like for repairs on a house on those kinds of things i can actually get some repairs done for people and help keep them in a place to one one is a i'm sure you all understand nine one one two and one is really where do you call to try and get help to be able to get information about it's a consortium that says you can go here for food you can go here for food pantries here's for the bridge card to give people an idea of how to get to stuff on the bottom is really the michigan step forward program michigan start for program we've actually received about two hundred thousand dollars to pay their taxes or mortgages in our county from that program it's a federally funded program and so we've been able to do that over the past couple years and couple o ther organizations department of health and human services they have the bridge card so i put people into that they also can make a utility payment so that would be one of the pieces that can be really valuable to some of our folks and they will make up to one loan payment on property so vision army has utility money so sometimes i can get utility money from them also help people get there for food loving those budgeting and counseling those kind of things once again these people are often not thinking very clearly and so if i can get them there for budgeting and counseling that makes a difference long term for them being able to stand at home united way whole family connect is really a two one one except it's much more local so that  enables people to find local stuff the disability network lakeshore is an absolute advocacy program right and so we use that if we've got somebody that's got some sort of disability we would refer them there because there are places that they can help that i can so we try and touch base with them also the veterans administration they will be able to do up to one delinquent tax payment so we can get funding and get one year paid off so those are the bunch of places many of the programs we've already talked about as i went through the other ones i won't spend a lot of time but the first one on that list the earned income tax credit is really an interesting thing to me these people some of these people are actually working and there's really struggling with finances and when they're doing their taxes they don't really understand that there is a credit that they can get money back and it's one of the places i like to steer people obviously if they're working i want them to be able to that's the people that we really want to stay in their homes and really want to be able to help with the funding so that i work really hard to get people into that we've already talked about department of health and human services so let's just run down to the last two property tax exemption that is something that only a local unit the city of holland can do and that is based on somebody that's below the poverty line so somebody comes in and makes an app they're talking to me about having a problem doing the taxes i'm doing investigation that they have to turn in information to me about their total income for their household if their income is below the level of poverty that i'm sending them back to town city and saying really you need to talk to one city because how and so you can actually waive your taxes for one year when you're at a time under that program now do you want to keep doing that all the time the answer is not necessarily but the possibility is there because some people that one time can make a difference in whether they can stay in their house or not and catch up and be able to make it go forward the last one is the hardship exemption on this page and that is something that only county treasures can do a hardship exemption does not stop them from paying taxes but it keeps them from going into foreclosure in that last year of paying taxes so they get an extra year it still charges them interest during that time frame there's that doesn't those pieces don't go away but it does give somebody who is working at this process and trying to make something happen an extreme year to be able to to not lose their their property and with that then i've spent two years trying to get these people to talk to me and in some cases they we have never communicated back we've sent them ten letters  seven first class three with where the return receipt is required they have to sign for it i've also sent them posted their property on their property so they've actually had a posting i've also  had the newspapers had it for three weeks so it's been in the newspaper so hopefully we've done lots of things to try and get them to talk to us we've also made phone calls and sent e mails if we can find that kind of information what i've discovered is some of those people either for whatever reason are just on willing to make that kind of commitment to talk to me so over that last month and then specifically in the last couple weeks i actually spent time going out at night i find that people are home between six o'clock at night and nine o'clock at night and i go by myself because more than that kind of puts people on edge when more than one people person walks up to their door in the evening and this is once again in march that i'm doing this so it's dark out typically about the time  six o'clock rolls around and so i just go around and knock on doors for those people who have never communicated with me and so i got to quick story story about how that makes a difference one is here in holland and twenty eight street out there i was knocked on a door and it was about nine o'clock at night a little boy that probably should've been out looks through the blinds and says to his dad dad there's somebody there which was fairly obvious i thought when i rang the doorbell and knocked on the the door the  gentleman comes out we have a chance to have a conversation i said you know brad there is delinquent taxes do you understand that you're going to lose this house it's only three weeks away yes he said i do understand i said so i need you to to figure out how you're going to get to me to pay this this off so we have a little conversation he said well could you take the payment tonight now mind you to pay off taxes at that point time it has to be a cashier's check certified bank funds or it has to be cash  guess i could take a payment right now but i it's has to be certified funds or cash he's like yeah i understand that would you take it i said oh yeah i guess so so he sent his kids someplace into the basement and they came back with a little leather purse satchel kind of thing and he peeled off eighteen hundred dollars in cash and he said so we counted it together i'm like well i wasn't prepared so i took his tax statement tore it off on the bottom there was a part of it was blank on the back side hand wrote a receipt that said i've got eight hundred dollars of your money i'm going to apply to your taxes tomorrow as i'm leaving i'm like can you just help me with this why would you hand eight hundred dollars over to somebody at nine o'clock ten o'clock at night by the time we're all finished scored  somebody just walked up to your door he's like wow you got a name badge on says brad county treasurer you got my tax bill it says that i owe the taxes so who else would show up here at nine o'clock at night you know with when nobody else around and in a in a neighborhood that you don't really know he said you must be brad salon i've distrust and it's you so i was able to keep him in he he works six days a week and he just didn't have time to get into my office so story number two this year i was out in march knocked in a gentleman's house on lake shore drive north out a ways out in the country and he answered a door he's like it's cold out here come on in so he just invited me in i mean he no i've never met this gentleman he just invites me in the door i get inside he says and as i walk in on his counter kitchen counter i kid you not there was a stack of materials this high it overflowed and went down i knew exactly where my tax bills were they were all inside of that pile i said so surge you know understand it you're going to lose this house i don't really get it what do you say and i said well you owe taxes they're doing you will lose this house in three weeks if you don't pay those taxes he kept coming back to i don't really understand what you're saying i had a chance to give him some information i wrote some stuff down him the tax bill i left and went you know this is not going to be pretty this no matter what happens this is not going to end well so i called adult protective services i was able to get them out there they actually found out that he has a touch of alzheimer's we've got some other things they've he's got an advocate now none of his family were willing to do that he's got his property and was able to keep it for six hundred dollars i'm i kept him in his property and it's a for me it's an awesome it's one of those when kind of things so with that have you any questions i'll be happy to tr brad we you when you follow clerks go around the state get together once a year treasure to he treasures in tahiti or wherever you guys get together once a year and have these conferences are  we are you are you learning from what other treasure county traders are doing and picking it up are you are you just kind of figuring this out as you go how unique is that what you're doing here in the role  only what i'm doing by going out at night alone is truly unique that is not happening place else in the county there are county treasures who are going out that in that last month trying to talk to people that have not communicated back to and there are several that i know of for certain but it it would be far less than the eighty three county treasures that there are now well whatever it all the interactions i've had out there with you have been nothing that professional glad you there greg thank you thank you very much brad thank you and it's nice to know that even though there's a stigma out there with treasures that treasures do have a heart appreciate what you're doing all right moving on to number six on the agenda a special word of the day a public hearing to grieve of industrial development district at seven sixty east fortieth street see on your screen is the property in question at this area and fortieth located just south of fortieth and just north of cam i think is what you see on forty eighth street so this property has an industrial development district for a portion but the northern portion is not in the district so this is a request for the city council to open the public hearing we have with us tonight can with lake shore advantage and the the property owner is haggerty logistics and see if there's any public comment and if not then the opportunity to close a public hearing and council dept the touch resolution to create industrial development district for the property located at seven sixty east fortieth street subsequent to this it's expected that they will want to improve the facilities and request an industrial facility tax exemption as is typical the district is a precursor to that very good and the question is for step before we have the public you're seeing now is the time for the address for the appointed public hearing on this industrial tax district you are welcome to address the council we ask that you state your name and address for the records you will have five minutes to speak to council there are three lights in front of me the green one means your go the other one means you have one minute left the red one is end of time anybody care to address this specific have a recommendation i'm sorry rusty at this judge the public hearing is now closed and now we can move on thank you and usually the other way around i'm given her dirty looks no she's give me dirty looks and deservedly on my side deservedly so all right now we're coming to the point where do we have a recommendation but i do have one thank you thank you thank you it's it's great to see that area being developed it's great to see a established company expanding and it's also great to hear about thirty five jobs that's that's exciting we wish you the best and we will do what is in our power to help with that an right we're down down to item nine which is public comment the same rules apply if you ever come here to address the council for anything other than what's on the agenda now is the time the same rules apply five minutes name and address the life flashed in front of you tonight to introduce myself some of you do know me on the council i am a candidate for the office of sheriff for ottawa county i currently serve as the ottawa county undersheriff for the last year and a half a little bit about my background i started my career with the holland city police department i was born and raised here in holland and in one thousand nine hundred ninety moved on to the county sheriff's office been with the sheriff's office for twenty seven years i've served in the capacity of the road patrol deputy sergeant traffic sergeant lieutenant captain and  talking to members of our department and receiving the endorsement of excuse me of all two hundred fifty of our employees through their unions also with the encouragement from state local and county officials in the county board made the decision very easy for me a step up and run for this office a little bit about what i do as an undershirt if everybody goes well what's in undersheriff it's basically what the sheriff doesn't want drops one level down to the undersheriff i oversee the day to day operations of the ottawa county sheriff's office  in that is our road patrol or detective unit several other units within the department and also our correctional facility also maintain thirty budgets that i'm responsible for with a total of just over thirty million dollars i'm responsible for building those budgets maintaining those budgets and spending that money appropriately while still being fiscally responsible to the citizens of ottawa county to our partnerships that we have throughout the county with contracts and i'm pleased to announce or say that  the last six budget cycles i've been able to return money not only back to the county but a lot of our contracts that we do throughout the county and i sing with county ninety nine percent of our citizens just told us they feel safe in a county wide survey and i don't take credit for that for just the sheriff's office that's for all of our law enforcement agencies in ottawa county i have a very good working relationship with the island police department because my roots came out of there myself and chief messer and even the captain today from the fire department lindstrom when he brought me on board there at the age of eighteen already as a cadet if elected as sheriff obviously victims of crime and their families is my number one priority and not just my priority but the members of our department i tell everybody that this is not my department it's our department the employees are what make the backbone of our sheriff's department and also the communities that we serve the support that our communities give us that's where i feel that we have to pay it back and very strong supporter of  community policing such as what you have here in the city my goal is going to be to maintain a professional law enforcement agency that provides quality services to our communities our local units of governments our schools our faith based organizations and our business community again working with all of those in cooperation makes for a successful law enforcement agency and again safe and secure communities our correctional facility it's important that we maintain that we have a large facility up on film our street fight no mayor pro tem has been there before if you ever want to see our jail yeah yeah well as a as a visitor i'm sorry i don't want to throw you under the bus or i'm sorry so but again i would encourage if you ever want to tour that jail facility to see what it looks like please reach out to us it's important to keep a secure facility not only for the inmates but also for our people that work there i'm a firm believer in fair and impartial  alpaca it's advocates and leaders for police and community trust we've just started this what it is it's law enforcement at the table it's our local community members from all of our diverse communities so they're at the table with us so if we do have an incident i do have somebody from either the hispanic community that i can reach out to and say i need your help to communicate with that community and they've agreed to step along the side of us and that's where i believe it's very crucial to be transparent with our citizens tell them the truth and stay on the forefront expression in front of social media and the rumors that can start when we do have an incident again i'm going to be very strong and continue in our relationship with the city of holland with the police department and the fire department  back each other up a lot and it's just a great working relationship like i said we're all in this together and i see i have the red light so i will close i just want to touch on one quick thing we are going to be moving forward into the world of body cameras  then car cameras at the alba county sheriff's office i feel that this is important it's transparent again to our community it keeps both sides in balance and i've been able to secure approximately one million dollars already  to start this project and get this project rolling again we're waiting for some legislative issues i want to work again closely with chief master i don't know what direction they're going to go and also work with the other agencies in ottawa county so we're all on the same page and on board  again i'm a firm believer in i'm there working we've been watching grand rapids city next to us and again we've been able to fund that project and we hope to launch that in probably within the next year i can open it up if you have any questions as paul harvey used to say we're on to page two i'm sorry are there any is there any other people anybody else that would like to address the council this evening if not will close that the public  good evening mayor pro tem members the city council for those in the audience or those who may be at home watching t v my name is joe di i'm the director of community and neighborhood services this evening council is being asked to approve a resolution which will adopt the emergency ordinance regarding our public lodging license process here at city hall this ordinance is going to create a clearer set of standards for licensing public lodging businesses and establishes a clear process a public lodging business license this ordinates admits covers a two separate chapters of our code i'm going to summarize the proposed minutes for those who are in the audience understand coun no license shall be issued unless the property you know confirms conforms to current codes chapter eleven do not fire protection other chapters deal with building code electrical code housing code nuisances code plumbing codes public lodging code and garbage and refuse as well as arizona code chapter another chapter twenty six three point one identifies that if a license is suspended revoked or expires without renewal the licensee shall except no occupants charge mediately notify occupants of the suspension revocation or expiration and shower arrange for all occupied hotel or motel rooms to be vacated as soon as possible but not more than thirty days are you being vacated until the suspension and or the license as you stated a renewed suspension goes into effect as soon as you know a major code violation is found section twenty six for identify standards of maintenance for this section no person shall keep a public lodging house in the city that doesn't comply with state law or the standards of safety chapter six chapter nine eleven fourteen again these are building codes or electrical codes or fire protection codes or housing codes etc following the issue of a license the permits may be inspected by enforcing officer at any time during the licensee's business hours without prior notice to the licensee provided however that such inspection will not be conducted on more than an annual basis unless based on a request by the license complaint or one of the provisions set forth below in this section i'm going to pause right there what that section means there is this ordinance allows city staff to enter public lodging properties and conduct an inspection would do it once a year unless the licensee requests us to do another inspection or if we receive a complaint and some form saying you want to check out this property it's not the intent of this ordinance for city staff to enter these properties as we please but only and really you know only as it relates to the licensing process which is done on an annual basis or on a complaint basis in the invent that during this inspection we fry any violations of the chapters mentioned before this is the following action that takes place if one or more major violations are found the enforcement officer which is a city inspector mediately suspend the license by giving written notice to the license holder the license shall remain suspended until each major violation is secured so previously when i went over yele accepting no new occupants even the notifying occupants of the suspension and arranging for the occupied hotel or motel rooms to be vacated as soon as possible if one or more minor violations are found the enforcing officer which is again the city inspector there will issue a written notice of violation and then give them thirty days to cure that violation if the violations are not cured within thirty days these are the minor violations then the enforcement officer may suspend the license the word may is included in there to allow city staff some time to work with the property owners they may be minor minor violations where we don't need to outright begin to revoke ation process or we don't need to begin a suspension process so that's kind of that allows some negotiation some time for staff to work with the property owners  and then the third one is if three separate notices of violations either major or minor are issued to a licensee within a six month period the enforcement officer cheri mediately suspend the license and notify the city clerk of the notice of violations and the present to council about whatever the issue might be and then council have the opportunity to revoke the license for that property in regard to defining what a major violation is it is a violation that poses a hazard or risk to the health and safety of the occupants of the lodging unit and clued in any violation that substantially affects the habitability of the unit such as lack of plumbing or mechanical or electrical systems insect infestation structural defect conditions conducive to decay or deterioration a legal cooking appliances fire hazards and minor violations found in twenty percent or more of  violation is any violation of the provisions of this article or any code adopted by the city that is not deemed a major violation so again major violations are significant issues we're having with that property as it relates to a human being being able to live there or if there's one hundred rooms and we go through the first twenty and we're marking each room up with minor violation after minor violation after minor violation we stop after twenty percent and we say there's a major there's an overall management issue here that we need to address those deal with the code violations the structural issues this ordinance also is recommending a subsection d that talks about prohibited conduct at a licensed premises so if there are three or more and that instances of prohibited conduct that a license permits there and the six consecutive months then the license shall be mediately suspended until the licensee adopts and submit to the department of community and neighborhood services and the harlem department of public safety a written plan to reduce the prohibited conduct for the purpose of this section perhaps to conduct i mean a nuisance as defined in michigan compiled laws six hundred point three eight zero one unlawful possession of a controlled substance or drug paraphernalia or unlawful possession or use of a weapon the plan shall include but not be limited to maintaining a minimum of two on site duty employees not including housekeeping staff with training on preventing prohibited conduct the planned shout remain in effect until there are two or less and that is a prohibited conduct during a six month six suspended on two separate occasions during any twelve month period due to the amount of prohibited conduct then the enforcement officer cheri immediately suspended license and note of our notify the city clerk of the violation the arrange for evocation hearing before the city council a license may be suspended revoked or not renewed for any reasons authorized under this if the license remains suspended for ninety days or more the force  process and then once a licenses revoked under this section it will not be reinstated or renewed unless the licensee adopts and maintains a plan acceptable the city council to avoid future violations at a minimum the plan again shower  including gauging new management who has acceptable experience in operating a hotel or motel and compliance with subsection d that we mentioned before if the licenses revoked a second time the license will not be reinstated or renewed again so if we have the same licensee come in from the city council and send the council votes to revoke the license on two separate occasions then that license for that licensee will not be reinstated or renewed as i mentioned earlier there are two chapters were amending that chapter dealt with twenty six i know we covered a lot and i'll be able to clarify things for council if needed i also would like to talk about chapter seventeen which is our license chapter what we are offering in there is if a city staff if one of our inspectors suspends a license that licensee has a right to appeal that suspension to city council we typically give people thirty days to correct stuff if they feel for some reason that city inspection staff as wrongfully suspended a license they don't agree with our findings they don't agree it's a major violation or twenty percent of the violations are minor sessions over the past month or so i want to be a little more thorough for those in the audience or those watching at home on t v so thank you thank you joel are there any questions for everybody in the audience like to address this specific item seminal and that's in norton shores i represent the interests of the economy in and i'm here this evening to speak on their behalf i've also had an opportunity to review the ordinance as drafted have several comments and concerns some more serious and others i'll start with the smallest and proposed section seventeen dash two nine the title of that section is appeal to council upon refusal or suspension the problem is that more suspension language doesn't make it all the way through that paragraph specifically i'm talking about the end of the second to last sentence that says filing the same with the city clerk within five days after such refusal as should be after such refusal or suspension that language should be added to reflect i believe the purpose of that paragraph considerably more serious though is the fact that throughout this ordinance the language refers to immediate suspension immediate suspension of the occupational license without a hearing specifically section twenty six dash four sub c three speaks to that it's in other sections as well this is clearly unconstitutional it's not close this is clearly unconstitutional this is the deprivation of a property right without due process the suspension of this license without a hearing in front of an impartial tribunal is clearly unconstitutional an suspension i don't care how long or short or indefinite it is and if this ordinance is passed and a license is suspended without a hearing the city is immediately by itself a lawsuit that it will lose because it's violence of the due process clause of the michigan constitution united states constitution my final point is this this ordinance is unnecessarily combative between the city and the hotel owners it's unnecessarily on workable and here's why it imputes liability on the hotel owner for the conduct of their gas that they can't control hotel owners can't search luggage when a guest checks in they can't kick down doors and run sting operations and search rooms to figure out what's if any of their gas have an illicit substance or any one of the laundry lists of offenses that are contained in this ordinance but that's what this ordinance would require hotel or us to do meaningfully comply with it and that would obviously be a violation of their guests reasonable expectation of privacy but forget about what's in the bag and what's in the closet let's let's just assume that the hotel owner this ordinance passes and hotel owners walk into the parking lot sees an open door looks and sees some nefarious conduct whatever somebody smoking marijuana would say well what can they do i can think of three things the first thing is nothing which i think everybody on this council would agree that's not really the point of this ordinance the second thing is we can make a citizen's arrest which i think is patently on reasonable when would probably ask only rather than reduce the amount of violent encounters that i believe this ordinance is in part designed to reduce and so then the third option is well they can call the police and call the police they've seen something wrong in their premises they call the police let's say they do that the police come out and the police arrest the offending subjects and they haul him off to jail and they say thank you hotel owner you you were the white hat you did the right thing you called us out here the streets are now safer because of you your license is now suspended by the way because even though you did that this conduct and it wasn't you was taking place on your premises so it's a ridiculous result it's an absurd result and the ordinance as written would actually disincentive this hotel owners motel owners from communicating with authorities for fear that even if they do the right thing their license is going to be suspended the ordinances that come out of this council have to be both reasonable on their face and in application and this ordinance falls woefully short of that i would encourage counsel to table this ordinance go back to the drawing board figure out an ordinance that a is constitutional would be that fosters cooperation between the business owners themselves and the city that they pay their taxes to because everybody wants the same thing everybody wants less drugs everybody wants less violence everybody wants safer streets but if you try to if you try to commit yourself to resolving those and by trampling on constitutional rights that's where a problem is presented i would also submit i see have the read so i'll wrap up here that the solution is also not singling out certain members of this community my client included in a very public way and you to nearly dragging name in this isn't a council but a city employees dragging their name through the media in a negative way to attempt to gain support of the masses again mr mayor pro tem council members it's my first visit to this council i appreciate the hospitality your body else care to address this specific item right before i ask questions from the council i'd like to refer to council city attorney addressing some of the current concerns that were just addressed to us sure first off on the hearing issue one of the things we notice as we're working on the language to this is the current ordinances that the current chapter seventeen provides for suspension of licenses but doesn't provide for hearing at all and so that's why we've incorporated that into section seventeen dash nineteen here of the proposed amendment so that there would be a prompt hearing if there is a suspension the applicant can work with the staff of community neighborhood services to resolve the problem quickly in the suspension is immediately looked at once that's resolved secondly can appeal here if they don't feel they can work with the staff and have a hearing quickly here on ten days notice or actually the ten days notice is intended for the benefit of the applicant so that they have time to prepare if they want to waive it could be on a faster timeframe and then counsel can conduct a hearing to determine whether to uphold the suspension or not revocations can only be done after hearing so that doesn't the hearing issue doesn't apply there the concern is as ben that that takes so long in some instances to work way through the process and that it's difficult to police the standards and  also our current ordinances have rather vague standards in terms of the basis for suspension so the idea here was to set for specific standards that would guide the conduct of the public lodging owners the licensees  in managing their property and so this provides more specific issues we've had discussions we've had different drafts of the language that deals with the prohibited conduct nuisance situations firearms drugs and such but one of the early versions had a much more stringent requirement in there in terms of defining that bin and we scaled that back at the request of the police department so that only a very serious things are covered by that prohibited conduct and now what happens when an app or licensee reaches that that stage of of enough for him but it conduct two two draw suspension they could immediately get rid of that suspension by providing a plan to community neighborhood services to deal with that problem one of the things that we looked at when we were talking with the police chief about this ordinances is what's typical in terms of police calls to two public lodging places what's are calls for these types of things that are prohibited conduct there's a lot of calls for well being checks for medical emergencies for other things that are not covered here but but these kind of calls for these prohibited conduct quite rare for most public and so this is a standard the three or more in six months that that staff out was an appropriate standard and again the intent is to protect the public the traveling public the people in our community and as a hotel or motel or place of public or lodging from checking in to a place that they don't know anything about before they check into also gives control to the property owner to avoid these problems by making sure they don't have major violations and just just for a point of clarification again we've heard this a number of times but just one more time suspensions only follow a major violation suspensions only follow a major violation too many prohibited conduct within six months or looking for the number here of minor violations job you have that or the percentage of minor violations but it's twenty percent of the room units or three three violations within six months and there's a three separate violations so if you have in january and you're back out there again in march and you're backed out there get in may that's three separate times we've had to go out to that in a six month period and i would be under twenty six dash war c three and your proposed ordinance and so there is that that probe that standard there to protect the property owner and a him to correct the problems at the at the facility back to this this hearing issue there's a couple other things i want to just mention one is it's not unusual for licenses to have a suspension provision with a hearing to follow a very easy example would be drivers licenses for so they never had mine suspended but i know from legal work that i've done that the secretary of state will suspend a license of a certain situation you can ask for a hearing under the building code the enforcement officer has the ability to play a card a facility that has major violations hazard to life and safety which requires immediate vacation of the property we've not imposed immediate vacation under this standard but but this would be very similar to that type of proceeding under the building code thank you and the other questions first that just having talked about this a few times the issue that has been put forth about how if the whole hotel owner himself calls and brings nine one one there and something nefarious were to happen i think we were of a minor th staff was of a mind that would certainly not be one of those calls that would come against him if he's trying and acting in a way that we want to see happen did i not understand that correctly we have we certainly have the flexibility not to punish the hotel master did mention that i mean guard to the section that talks about prohibited conduct they're going to look at those on a case by case i think were the words that were used up stairs keep in mind th e ordinance is written where it affords us the opportunity if it's a repeat kind of thing we can take action is the way the ordinance is written thank you if i could make one other comment there and that is that again two things can happen there if if there is a suspension the property owner the licensee can could submit a plan to resolve those problems and minimize them for the future and then the license is not there is no longer suspended the suspension is is lifted and the second is they can appeal to counsel and counsel can exercise its discretion on what to do at the appeal he ordinances like this are not easy and you know this is one of the things that i think a lot of times you'll find universal agreement on this council not so much the specifics of an ordinance but rather the duty that this council has when it comes to health safety and welfare specifically public lodging and the seriousness with which we take for these matters and here with all parties interests in mind and i think we're on a good path with this knowing that this applies not specifically to a particular hotel operator or innkeeper but rather this is something for the whole of the city and all of it's the expectation for all of our public lodging it's unfortunate that we're even at this point ordinances are made because rules are broken ordinances are made so we have some guidelines to follow there was  a comment made that city staff was specifically picking on these two hotels i don't i don't work with city staff but i don't think there's anything for the from the tr if there was not reason to go to these establishment they wouldn't be there the two gentlemen sitting either side of you have been here on a number of occasions they were told the first time there would be no tolerance council over rule that and give them a second chance we understand now that there's a third round of problems going on our responsibility is the general public as i stated these gentlemen before they representing the city hall and our responsibility again is to protect the unknowing public that comes into these the fact again that we even have to come to this is very disturbing we've been put back as been put up against the wall the two establishments have not been singled out as said before this is for any lodging owner in the city of holland we cannot be at this level when we have smoke detectors that are not working when we have plumbing that is insufficient when we have pests that are have been found within the confines of these rooms numerous occasions numerous violations we have been more than lenient and letting them try to clean up the situation again it's unfortunate that we're here but we're here and we have to act as we see fit i am not directing anything at you sir directly it was your public comment time has been done you happen to be sitting in the back of the room you brought it to us so i looked at that direction yes motion passes moving on i don't know i was pulled off the agenda twelve four point two i'm sorry public hearing on june fifteenth so this information is covered in the passive basically this involves a project in our property located between eighth and ninth streets between river and pine avenues it also includes a civic center and adjacent properties and this involves the capture of new taxes that would come on those properties that would allow the reimbursement to the developer and to the city of holland in an amount up to ten million four hundred and forty nine thousand dollars plus interest paid to the developer and some of it is at five thousand dollars a year of administrative cost paid to the city the plan is for a thirty year period that's in in short what it is with the overall narrative involves it the specifics are on a screen in front of you describe the sim costs that are going to be read to potential reimbursed to the city and to the developers so the developer has certain eligible costs the total of the column on the developers developers that would be reimbursed  one million seven hundred forty three thousand five hundred dollars as most of those have to do with some extraordinary work that has to be done on that particular site that's eligible because of the soil conditions there and certain infrastructure work that's to be done as well as well as some dental work and in an amount of one million seven hundred forty three thousand dollars public infrastructure that would be conducted and paid for by the city of holland would involve construction of a  parking structure that has space for three hundred cars it would involve improvements to the civics center property as well as properties on the ninth street on the belt potentially some potential lane expansions and those dollars plus a contingency amounts to eight million seven hundred five thousand five hundred dollars coun the concern during these the preventing what was with the items that specify certain things like the street market the water jets and so forth and being too specific before actual plans have been  finalized for those projects to address those concerns i would suggest that you change it with item six the first line for the six million dollars i wouldn't suggest changing the second item for a million five hundred dollars i would suggest you could cure the concerns that you expressed earlier by changing the language to instead of starting out parks trees and so forth ending with transmission to just say eligible infrastructure and other expenses for the civic center place project and then the third line change that to read eligible infrastructure another expense for the ninth street project that would leave it rather open ended and again you haven't approved the construction cost for any of these things that's something that come down the road but you're not tying your hands of specific language then with those two changes which i run procedurally the recommendations for what was presented so we would vote or we would  have a motion and a second on that and then open it up for amendments and at that point the amendment that that you just offered that would be a correct procedure t you meant just just for the sake of clarity i like the idea of eligible activity and quite frankly i think it's like so much that it actually is the header for the entire table so i wonder if it's assumed we can't put ineligible activities in this table so again just for the sake of getting it is simple as possible you know for me it's been unfortunate there's some spacing here that of splits the paragraphs apart and at the end of the day all i'll default back to ron but you know i think it could be simply stated parking structure on g d k property and civic center place infrastructure and improvements to one thousand etc so if that's the same thing i'm good yeah i think that's all well taken but the only reason i suggested the eligible expenses was because i am fairly certain maybe it was speculation here but there's a number expenses a successor that aren't eligible expenses and if someone were to look at that line item they're going to see the word eligible six following after the civic center site to include everything after that but then say eligible infrastructure and other be clear that the first part about the civic center project would go with the one million five hundred thousand and her exec it would go with the four hundred eighty seven thousand dollars correct is the spacing i cannot yet say that right or first vote then is roll call vote on the amendment only the second vote to go to the original recommend recommendation which has now been amended call the roll is there any discussion on that good luck to go construction and your support of services look forward to a great project on moving on down the agenda to gifts the city manager's office is pleased to report the following gifts city managers office received one thousand four hundred ninety nine dollars and thirty nine cents from first united methodist church for the hauen news connections program police operations for public safety services received three donations one from fleet refinishing works in the amount of one hundred dollars concept motors i'll see in the amount of one hundred dollars in lawrence industrial services company in the same amount of one hundred dollars public safety services police operations canine program received a donation in the amount of fifty dollars from ryan patton cell press scholarship fund for the parks and recreation received an anonymous donation in the amount of one hundred forty six dollars when my island gardens community garden received a ten dollars donation from christina bravo to graphic nature center received cash from various donors in the amount of two hundred three dollars and a fifty dollars brick donation from jim in jackie rosen who is director recommended that these donations be accepted was appreciation in an expression of gratitude be forwarded to said donors inviting residents to well be the beneficiary of those revokable license agreements to see them in a draft form and to then be eligible to obviously to invited to come to the city council at your next study session next week council member lynn has expressed interest in receiving copies of all those letters i think you you have them and i know have has had quite a bit of interaction and will in the future so we that and hopefully that will be a resolution that i will be happy with we will see and that will be on the next agenda the next study session second in terms of follow up the washington school potential park as has been discussed in many venues many months and there is a draft understanding that i've asked the city attorney to prepare that will attempt to reflect what the expectations are of the neighbors the project owner as well as the city council and that issue will be provided in your next study session agenda in a draft form and i expect that the those who are helping to fund want to help to fund those improvements will want to attend and that will be next wednesday as well and third i will tomorrow night is when the gardens dinner with the holland bloom i'll be there for the breakfast  h judges i cannot be there tomorrow night but all of you are welcome at six twenty five pm i expect you've already been contacted and responded that's it for me thank you r now communication from the mayor or in this case mayor pro tem first of all as always we were always reachable always assessable every council member has an email address s that so if there's any information the web sites very very informative suggest that you go there and we have some upcoming events that i'd like to bring to your attention ryan touched on one of them as it stands right now the american balloon contoured judges are in town or are supposed to be here tonight judging us for the next forty eight hours thursday and friday holland in bloom celebrating our pride planted in our community we've got quite a reputation going into this folks and something we should be proud of we've won five awards twenty eleven for title miss twenty twelve for environmental efforts twenty thirteen for heritage preservation twenty fourteen and twenty fifteen for four floral displays and we are also part of the i forget it's a name of the i can't think of the name of it something that they started last year the elite group i guess is what you want to call it that close  enough so we're looking for when number six this year the city is looking very good even in the drought situation that we are thank you for the citizens thank you to the citizens thank you to the corporations and thank you the city st the next thing to be looking for is tuesday august the second twenty sixteen five p m in college park national laid out another award winning program and this is america's night out against crime  we used to have on monday that's been changed now to tuesday's college park is just a buzz with all kinds of activities you've got police officers you've got junior police academy participants you've got  the county sheriff's department with their mounted unit in the in the marine division you've got nonprofit organizations on the outside that you can throughout the park that you can get information from and also food most importantly f so we're hoping to see everybody out there five p m tuesday october october aug second twenty sixteen collin park come out and have some good times and then at that evening you go home you leave your lights on  your own snacks and chairs the first movie will be august second after national night out the star wars force awakens and o'brien is going to be there and the price is just absolutely perfect it's free it's the second is august fifteenth as a people's choice so they're asking for a vote on facebook dot com backslash holland michigan you get to pick the movie and the last one will be august twenty second zoo topia fortunately i'm not afraid of from a year without one but it is also very thank you brian birch the critic for the movies for city hall and these are all at holland park nine thirty pm bring your own snacks and chairs we were bring the movie and hopefully not the mosquitoes hope to see out there and right around that same but six weeks from now i'm a little late in my advertisements but about six weeks from now there's a and all event that's been going on for roughly a little bit in ten years i've been part of it for just about all those ten years the labor day truck parade and ice cream social we've got a good number of entrants so far we've got a good number sponsors we're praying that the weather holds out and it's always a good time to watch all those big rigs come down i've been the city engineer has been absolutely avoiding me because of a couple of construction projects on one street and eighth street i asked him just about every day are you sure we're not going to be affected by this because it's kind of hard to get an eighteen wheeler down through some gravel areas and especially when they've been spit polishing for the whole weekend so he has assured me that he will not be in town i know he has assured me that we're probably going to be ok depending on the water test now which is give me much great relief but that starts in zealand on labor day nine fifteen the trucks will come roaring not roaring they will come down main street and zealand follow chicago drive be escorted into holland via eighth street and we don't have to do the do two or like we did last year to the civic center down through the varying viewing area and then they will all be parked last year we had sixty five trucks i think we're going to have at least that this year again all on display with all their noise and glory so come on out get and we do have free ice cream come on out also if nancy was here she would be mentioning the boardwalk liberty boardwalk i don't know if they're going to anybody know if they can practice this year ok anyway the boardwalk that starts a little bit earlier than the truck  so as we always say you can do the boardwalk if they have the breakfast you do the breakfast and then you come to the truck parade and have your dessert all before noon so we're looking for a great i don't want the summer to end but those are a district commission of a mr adams stack his first term and said term expiring july twenty ninth if i could have a motion in second on that recommendation motion carries that is it for the mayor pro tem any communications from council members again everything that's there is the library and all the the resources that are there and so a lot of families lot of young kids and so you know with that that's coming up in the next couple of weeks