City Council - Regular Meeting

I pledge allegiance to the flag 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.

Susie, roll call, please.

Council Member Ritzema?

Here.

Council Member Burrell-Vargas? Here. Council Member Salisbury? Here. Council Member Eric Vargas? Here. And Mayor DeVore?

Here. Motion to approve the consent agenda for tonight? I'll make that motion. And I'll support. Any discussion or changes?

Council Member Ritzema. Yes. Mayor DeVore. Yes. Council Member Salisbury. Yes. Council Member Eric Barkas. Yes. And Council Member Borough Barkas. Yes. Okay.

A citizen comment for the two agenda items.

Perry Beecham, 924 Riverside Drive. The e-bike, I'm glad to see you're talking about it, but I will let you know that, Eric, you can chime in, too. We had a trails meeting, and again, they're working on it. The county and the county trails are working on an agreement or rules of what bikes, what motorized bikes can be on the trails. And right now it's just the class one, which I think is the electric that also has the pedals. But other ones are not allowed. Then the other was the cleaning. And I just had some more questions. I was looking at the quotes and everything. all of a sudden it was like $49,000 for the year, and it was like, can we hire a part-time employee or what? I do like that the person that you're intending or your recommendation is a citizen, lives here on Foreman Street, so I do like that. My other question is, so does the Englehart, do they contribute to the cleaning of that building, the library, the Kent County libraries, do they contribute in their budget to that along with like here, Rotary is here every Wednesday, do they contribute to cleaning and contribute to that cost? That's just my questions that I have about this. So thank you.

Thank you. Anybody else for agenda items? Good evening.

My name is Harry Cobra with Corporate Clean and Facility Services. So I just wanted to comment on one of the phrases in the letter that was written about the cleaning that over the past three years the city has utilized corporate cleaning facilities and has experienced challenges in getting certain areas of the facilities cleaned to the standard expected of the service. What I wanted to clarify was that you know we've had the contract for three years it was a one-year contract and each year was extended without complaint or challenge and in the past 60 days we haven't received any complaints from the city there's been nothing written it's been submitted to us and I haven't been called in for a meeting or asked to address any specific issues of quality so I was surprised to read that comment in addition We've actually received quite a lot of positive comments, particularly from the library, to the extent that Curt Lardy agreed to be a reference for us. And since we started cleaning the library here, we've continued to bid other libraries. He's been listed as a reference. We've taken on the Holland Library. We've taken on Saranac-Clarksville Libraries. We cleaned the library in Cascade. township as well, and we're quite proud to be part of Lowell. I don't know about Foreman Street, but we do contribute to the Follows for Guards Festival, and we're proud to be part of the Lowell community. So, you know, we'll certainly take whatever decision you have, but I did want to address this phrase about quality, because we really haven't received complaints about it. Thank you. Thank you.

Anybody else? Okay, moving on to the e-bike ordinance. Mike? Yes. Good evening Mayor, City Council.

So obviously we did talk a while ago about e-bike ordinances. And I know I've had some conversations with some council members about where we're at with it. And so since our last meeting, I've asked the city attorney to start preparing a draft ordinance for us to consider. The big issue I'm asking the council to consider, or I'm asking at least to start as in the draft ordinance, is restricting all e-bikes on sidewalks in the city. Also regulating certain areas, mainly having different rules in the Riverwalk area compared to the neighborhoods with bicycles. I tend to think that having bicycles on Main Street, kids are on bicycles in the neighborhoods, I don't necessarily see an issue with it as long as people are working or handling their bikes responsibly. But the big issue I've noticed, and I'm seeing even more and more of it is these e-bikes. I saw four yesterday, and I even, I was, I had seen one and I even let Sergeant Warren know to keep an eye on them and have contact with them. And you see them, because I saw about three or four of them going westbound downtown yesterday, and I actually saw one today whizzing through downtown today. So I've asked, I've asked for definitive language for e-bikes, skateboards, other scooters, and pedal bikes as well, and making some modifications to allow pedal bikes on sidewalks. So I hope to have something to you in the very near future so we can discuss and then we can take action later today.

Eric, do you feel like there's value in maybe getting with the trails board and having like a work session?

I very much do. This is a big problem with the county parks. They have complaints daily. The park rangers are trying to enforce that. So yes, they're ahead of the game than we are, but I agree with Mike Byrne's approach. That sounds good.

Well, let's do that, and I'll try to get with Lara and maybe with Parks, our Parks board, and have a work session here, and then present what Jessica has, maybe present what they have, and see if there's a solution we can all use together. Does that make sense? Okay, anything else for anybody? Easy enough. Cleaning janitorial, then.

Yep, so... The City of Lowell advertised a facility cleaning janitorial services bid for City Hall, Department of Public Works, the Englehart Library, and the Police Department. The proposed cleaning services will cover all aspects of routine daily cleaning and will continue to be performed three times a week. Cleaning personnel will perform the work at the end of the normal workday. Bid specifications were posted on the City website, advertised in the ledger, and provided to cleaning companies. that had provided previously performed services for the Fit City. We also provided an opportunity for interested vendors to participate in a walk-through of the facilities so that each vendor could see the areas requiring cleaning and better understand the expectations. We received two bids for the work. Corporate cleaning and facilities, $877 per week. Fresh coat facility here, $945 per week. During the walkthrough, our team identified specific cleaning concerns and explained the city's expectations for the level of service. Both vendors included additional cleaning services, including deep carpet cleaning, floor stripping and waxing, and tile and grout services. Both vendors currently provide cleaning services for other facilities in the city and come highly recommended. Over the past three years, the city has utilized corporate cleaning facilities and has experienced challenges in getting certain areas of the facilities clean to the standard expected of the service. Fresh Coast Facility Care participated in the walkthrough and demonstrated a high level of professionalism, knowledge, and subject matter expertise that was very impressive. Based on the bids received, the vendor's experience, and the level of service demonstrated during the walkthrough, it is the Director of Public Works recommendation that the city will award the janitorial services bid to Fresh Coast Facility Care to cost $945 a week or $49,140 annually for 52 weeks. In addition, Fresh Coast Facility Care has proposed deep clean floor care to cost of $12,686 bringing the total annual cost for comprehensive cleaning to $61,826. It's recommendation that the city enter into a one year agreement with Fresh Coast Facility Care in the amount of $49,140 annually with the deep clean floor care package available for use as needed. The agreement would include an option for up to three additional one year exceptions subject to a mutual agreement and approval at the conclusion of each contract year. So I will tell you that the public works director normally is the one responsible for overseeing the contract. I did talk to Rich today. He did express that there were more concerns when he was here with consistency. I know Jeff Phillips has addressed concerns to us about cleaning in the facilities, mainly at the public works facilities. I was under the impression that Jacob addressed this. I don't know. But, and I know staff in City Hall have had some issues from time to time. I've noticed some things that have, you know, that had passed along, at least to Rich when Rich was here, that I thought were addressed. So, that's related to the position. Unfortunately, Jake was not here tonight. He could explain, he could probably explain in more detail his concerns.

I'll start. I've been here for a lot of these contracts and I've never heard of any of these concerns. If we're talking about a change for more money based on a bunch of these concerns, I'm wondering why they never came up in the past, however many years I've been here. I've never heard word one about a problem with the current service that would save us $3,900 next year. that's a concern to me that we're bringing it up at contract time but it hasn't been brought up previous or for any previous contracts or brought to our attention before this if there was issues so I'd like to hear a little bit more about that and why the original contract holder wasn't notified about any of these concerns yeah so i mean we literally just revisited an entire topic yesterday because it was expensive and now you're talking about another additional expense so i'm concerned that there's just not enough here to for me to vote on it

If you want a table, you can table until Jacob comes back.

Well, my take is I'm not going to blame Jacob because he's new here. So it's not him. I'm really disappointed in the fact that Rich didn't do documentation somehow, whether it's in writing, email, whatever it is to give to you so that we could address the problems and what kind of problems they were. And I'm extremely disappointed that that didn't happen at all. No one whatsoever. Anybody else?

Yeah. I do. First of all, I'm a frugal person, and so to spend 8% higher is hard for me. I believe David Morehouse comes highly recommended. But is he here today? I have some questions. If not, I know that corporate cleaning and Harry does the disinfecting of the library twice a year at no charge, which is important from what he explained to me. He's IIRC, it's a certified, so your technicians have training and passing exams. So that's all very impressive to me. You've also, as you mentioned, worked at the Holland Library and the Cascade Library. So I'm going to stay with corporate cleaning until I have more information.

I do think that that's fair because we haven't addressed concerns and given them a chance to correct them. I don't think you can retroactively punish a company if they weren't knowledgeable that there was even an issue that existed. And it's a year contract, so I don't, we're not locking into something we don't like for 10 years, so. When's the contract expired? Would be this time next year. He's talking about the contract now. I believe it expired in June. You were right, yeah. So they've been going just week to week since June? Correct. To answer Perry's question, does the library contribute anything?

We get $15,000 from KDL for the facility through the year. Our total operational costs are about $80,000 to $85,000 for the facility.

that's something that definitely needs to be addressed so um yeah i'll uh that's all i got i just i i too think that raising a price over concerns that we don't seem to have any record of doesn't make sense to me again we can't keep rising prices and then ask our people to absorb the costs. And I don't know, I would personally, I am willing to make a motion to stay with the organization that's currently doing it, unless, I mean, he's working without a contract currently, and I think putting it off, I don't see that that's absolutely necessary. So I would make a motion to go ahead and use them.

I want to make it clear, the 877 is higher than last year's prices, correct? He did not keep the price the same as previous years, so there was some increase, which is probably justifiable as costs have gone up, so just don't think that was it.

Okay, so your motion is to go with corporate cleaning for 877 per week for a year? Yes, for one year contract. I'll support that motion. Any other discussion?

Mayor DeVore? Yes. Council Member Salisbury? Yes. Council Member Eric Barkas? Yes. Council Member Burrow-Barkas? Yes. And Council Member Rizema?

Yes. Okay. Board and Commission reports. You're up.

I don't have a lot. I've got a 7.30 tomorrow morning. I'll be with the Chamber of Commerce. You've got the Fire Board. Yes. The Grand River Greenway which is a non-profit that is continuing the trail

from Lake Michigan to Lowell. That's their slogan. 85 miles from Lake Michigan to Lowell. We are the final leg of that once we complete this new trail right here by the park. And that organization, which has done unbelievable trail projects recently in the tens of millions of dollars. For instance, they're tunneling under the belt line in the Rockford area. They're tunneling under the road They've spent over $20 million from donations. They have attended our LARA meeting and asked us to partner with them in some way, possibly some of our members be on their board and work together to develop this because the trails, they have some big plans to go all the way across the river and into Alma and beyond. So that has been the one discussion. The second discussion on the LARA Lowell Area Recreation Authority trails is once we finish this phase one, how do we want to continue? Our contributions are lower. Do we want to continue as a standalone nonprofit? Do we want to have a simpler structure with less fees? We have quite a bit of fees and audits and taxes and insurance. So that's just the organization is a big discussion topic.

Yep, Fire Authority, we retroactively applied for a equipment grant that covers an air packs and turnout meter. We officially moved forward with the parking lot repaving, and the city will be the contract holder for that. And next month we have the audit, yearly audit. our yearly update from rockford ambulance so i'm looking forward to that that's all i have discussion or comments on any of the budgeting or monthly reports my manager's report yes i have a number of items uh the first one i'm gonna address is the riverside drive uh we've had as we know a lot of issues with dvd construction um in the past week um

We learned that the concrete subcontractor that they utilized to do work was not approved through Kent County. Being the fact that it's a federal community development block grant program, all of the subcontractors have to be vetted through Kent County. And we learned that they were hired three days before the work was done. So when we received wind of that, I had us contact Kent County to make sure we weren't in violation of everything and reported to them the issue that occurred. As time evolved over the next day, we then learned that another SOM contractor refused to sign a contract with TBD. And I had gotten wind a few weeks prior that there was some concerns about them not paying their subcontractors. So that was something that I passed along, obviously, to Katie and Jacob to be mindful of. And in the last couple of days, word came out that it was more apparent that the subcontractors weren't being paid. We reported all of this to Kent County. Today Kent County terminated the agreement with TBD Construction to continue with the project. So this is what has to happen. There's kind of two things that could happen. We're trying to work with them concurrently, but it may not be as simple as we think it is. We called for the bonds to be called on the project. The issue is, in Kent County's experience with dealing with bonds, because they deal with performance bonds much more than we do, their corporation council was involved and said that it may take a very long time, may not even be until the spring of next year before the bond company will approve the contractors to begin work. So obviously that is an issue we cannot go... until after the snow flies through the winter without the work being done. So we have reached out to the other two bidders of the project to see whether one, A, they can do the project before the year is done, or B, have to make any adjustments to the price. Now, there is a possibility that that will not be repaid through the bond. The project came in at this point $200,000 below engineer's estimate, so there is wiggle room if needed there, but the project has to get done. There's also the potential that if neither of the contractors that bid it could do the work, we could bid it out and have it awarded. 30 days, but we would have to know that relatively quick, because obviously we're in mid-August right now. So unfortunately, they couldn't get the work done. And hindsight's always 20-20. We could have done this earlier, but we were trying to save money. and sometimes that doesn't work. So that's where we stand. I will let you know consistently what's going on with that project. The next project is a Lori Gamlin and Brook Street project. We've been working with Senator Albert to help us move the project along with EGLE for Brook Street. The big issue on Brook Street is the culvert that is over the creek. The creek has to have a hydraulic flow study done to determine whether or not it would flood downstream and that is an EGLE rule in order for us to be able to get approved for that to begin the construction project. We met with EGLE Thursday and they will at least start the permitting process and then there's just some information that is compiling for that flow test to give them, but hopefully that could get the project obligated. Now, the other issue with that project is it is through the MDOT Category B program. The Category B program will no longer be funded after September 30th of 26th. That program will no longer exist, so the funds have to be obligated. So I had a conversation today with MDOT regarding that and they had to hold off on the issue with Brook Street. And they basically said that if this is in by September 30th, it's not even up for obligation to where it would be out for bid, the money goes away. So I have asked I have asked MDOT to at least to take off the Brook Street component of the funding for the project. We received $250,000 for both projects and I've asked them just to take the $250,000 and apply it all to Lori Gale. I'll have to bring you a resolution. I'm waiting on some clarification from MDOT, but if everything's good, we can bring that to you at the next council meeting, get it approved, get the project obligated for sure. As crazy as it sounds, it's even possible. It doesn't have to go through all the MDOT bidding processes like James Street does. So there is a possibility that Laura Gale could actually get done this year, but we'll see. I don't want to get too ahead of myself on that. And then Jane Street, that's moving along to get obligated. That piece will also be obligated by September 30th. There were some easement issues that had to be addressed. One of those was my property. I'm going to get an easement payment for $200 and turn that payment right back to the city. because it's nominal. But my neighbors, they're negotiating with my neighbor their easement and there's already an amount on it and so hopefully that is cleared up in the next day or two. That was the last hurdle MDOT needed to get the project through their lending process. So that is moving along. And then we're working on a lot of the capital budget, the budgeted capital that was approved this year. We're working on a lot of that right now. I've already worked through the ADA for the website. I'm working through right now, I'm starting to work on approving bids for the wage study that needs to happen that was budgeted. We submitted the grant request for the museum and the parking lot at Stony Lakeside. So to get those moving forward and then I'm working, I'm starting to work through the window issue here at City Hall. I'll be meeting with somebody this week on that. And then the other thing we're looking at, Jacob and I are looking at, is there was comments at the last council meeting about formant, the crosswalk, so I've asked road to conduct a study since that is a federally eligible road, a study to see where the best locations are to put those signs so we are in compliance with federal highway on that. So I'm looking at that information and I will bring something to you that here in the near future. And if anyone's seen the murals, they look fantastic. So that's all I have. Any comments, concerns, questions?

Go ahead, go ahead. Go ahead. Riverside Drive, can you explain what that looks like financially? How does that work? They haven't been paid anything yet, obviously. Will they be paid anything because they did grind it down? How does that work?

There is some work that we do have to pay them on because they did it. They did mill the road. But we are holding back the concrete. Once I know more, I'll let you know. But we had that conversation today, so we are working that out. But being that they did mill the road, there is some payment for that.

Mike, could you give us an update on Ware Road, where we stand?

Yeah, I did just reach out to them not too long ago about that. So what originally happened, they were supposed to put monitoring wells on the property east of the Ware Road site. That property owner did not approve for the wells to be on the property, didn't want them, they backed up. We went to Plan B and we're working with EGLE to go on some properties north of and east of the site. Luckily those have been approved, or at least the property owners are okay with it. That modeling has been sent to EGLE for approval and we're waiting to hear back if they grant it and then we can move ahead with that.

Anybody else? All right, let's move on. Citizen comment for items not on the agenda. Susie, you have something, yes? Yes. Okay.

Hello, city council members. First, I would like to say that I am stunned by your recent overturning of the first decision you made when you said it was a done deal. You set a precedent that now you have to listen to all the social media wailing whenever you make a decision for the city. I have seen the posts made by many people that don't even live in the city. A few of you have even sat down and had private meetings with some of them. They don't live inside the city limits and they don't pay taxes here. They should not be allowed to have a say in what happens in our city streets. You stated in the beginning that there were 5,700 cars a week that traveled Riverside Drive. I have to ask, did anyone really do the math? I did. There are 168 hours in a week. We have minimal traffic during the night hours, so I deducted seven to eight hour nights roughly between 11 p.m. and 7 a.m. Deducted 56 hours, and you have 112 hours. At 60 minutes in an hour, that breaks down to 6,720 minutes. Now divide those minutes by the number of cars, 5,700. That's 1.1789 cars a minute, or to put it another way, that's 11 cars every 10 minutes. We came to you with research and an almost unanimous plea excluding one resident asking to have a safe street, just like every other city resident is allowed. But you've turned a deaf ear to us instead. The people with no investment in our city get their way. Just because we live on a street with a beautiful view doesn't mean that we are elitist. I was under the impression that a traffic detour would resemble one like we have on Lincoln Lake just a few blocks over. They are not an eyesore and they have helped with traffic. Even a gate would have been better than clunky speed tables, which I guess is the new decision. Can I just ask what happens when we have our next accident? Are you going to say we made a mistake? We shouldn't have bowed to social media complaining? Are we going to have to buy speed tables and then a traffic deterrent also when people complain about the tables? Does this mean we will have more police presence? Because we had a solution that worked, it did. But now you've opened up our streets and a big can of worms. Just because we're not yelling the loudest doesn't mean that we shouldn't be listened to. We have to live here, not them. I'm shocked by the fact that people are still whining about having to go around one block. This is ridiculous. Don't you see that? You've made a wrong decision, and I just hope you see that before it's too late. Money wasted, accidents happen, someone gets killed. Respectfully, Bonnie Meese at 606 Riverside.

Just that one? Yes. Okay. Thank you.

Perry Beecham, 924 Riverside Drive. A couple, obviously the information that you gave us tonight about Riverside is disheartening, but I also look at it, and I don't think that this is the council's responsibility. I think it's our management. I think it's, whether it's Roe, whether it's Williams and Works, I look at, and it's just some of the little things, and the little things add up, is I looked at the cement work, There's two curbs that went in. I believe one's on Elizabeth. I have to look where the other one is. And I know that there's no sidewalk there, but my question is why aren't we doing ADA approved curbs there so that eventually when a sidewalk does go in there that we're not spending another $5,000 to $10,000 or the resident having to spend that to take that curb out and put an ADA curve in. And it's just, I know it's just a little thing, but to me it questions the direction and it questions the consultants that you have. And that's really all I have to say about Riverside. Quickly, Pink Arrow. So just to give you an update. Pink Arrow is actually going to kick off August 30th. There is a Polo and Pink, which will be out at Meadowview Farms. That is August 30th. Then we get into Flat River Restaurant is doing a, on the 12th, is doing a brunch. Wear pink and get a gift from Flat River Grill. Soccer will be Monday the 14th against Kenowa Hills. Wednesday will be the volleyball outside on the tentatively on the Soccer facility and that will be against South Christian and South Christian That will be a scrimmage. So there's We certainly want to be in paint but that being a scrimmage there'll be no charge for admission and then The football game will be on the 18th Friday Also, you can get your, this week at Fandangle, and then next week you can get them at Fandangle, Heidi's, and the Red Barn out by Murray Lake on Aldernash. Also, shirts are going to be sold at Thursday night football games before the, up to the a regular game on the 18th and that will be you can drive up at the curb and get them there i know the first game was a varsity is a thursday night against east grand rapids so come on up get your shirt enjoy that game and then the other thursdays will be junior varsity games that will have shirts sold there thank you thanks very much anybody else

My name is Josh Langdon. I address 5033 Montcalm Avenue. I'm a pastor at Bible Believers Church here, a local church in town. Matthew 18.6 says, But whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea. It concerns me that the City of Lowell continues to allow Pride to have an organized event on public property with children present, knowing full well the profanity and sexual lewdness that goes on every year at the event. I was witness again this year to men dressed in immodest women's apparel reading books to little children with the intent to groom them to cross-dress and change their God-ordained sex. One coloring book advertised from the stage was vulgar enough that the titles of the pages could not be read aloud. The attending crowd thought this was hilarious. I was witness to these men dancing sexually, walking into the crowd of children, while parents gave dollars to their confused children to give the dancers. No moral person would attempt to defend these happenings, yet the entire crowd cheered on while innocent children's minds were exposed to these perversions. to protect innocent children and to enforce the existing city ordinances that are broken every year at the Pride event. City Ordinance 13-131, indecent or obscene language. City Ordinance 13-132, indecent or obscene conduct. Pride routinely uses the F word from the stage, which will residents complaining in the past that they can hear blocks away echoing down the city streets. Why can we not enforce these codes? The definition of obscene conduct is actions, expressions, or conduct that deeply offense contemporary community standards of decency and morality. It typically involves lewd acts, overtly offensive sexual displays.