OFFICIAL PROCEEDINGS OF THE CITY COMMISSION OF THE CITY OF GRAND RAPIDS, MICHIGAN. Regular Session, Tuesday Afternoon, 2:00 p.m.

OFFICIAL PROCEEDINGS OF THE CITY COMMISSION OF THE CITY OF GRAND RAPIDS, MICHIGAN Regular Session, Tuesday Afternoon, 2:00 p.m. December 13, 2005 Commission was called to order by President of the City Commission, Com. Schmidt, at 2:00 p.m. Com. Tormala gave the Invocation/Reflection. The roll was called by the Clerk. Present: Coms. Dean, Jendrasiak, Rabaut, Tormala, White, President Schmidt. Absent: Mayor Heartwell. Com. Jendrasiak, supported by Com. Rabaut, moved that the absence of Mayor Heartwell, be excused. Carried. On the motion of Com. Tormala, supported by Com. Jendrasiak, the reading of the minutes of the regular session of December 6, 2005 was waived and said minutes were approved as presented. PETITIONS AND COMMUNICATIONS 74467 Letter of Appeal from Park Church, pursuant to Section 5.35 of the City Code, appealing the Planning Commission's decision regarding an additional sign at the corner of East Fulton and Ransom. Referred to the City Manager, City Attorney, and the Planning Director. REPORTS OF CITY OFFICERS 74468 The Clerk presented the Comptroller s report of bills recommended for allowance for the period of November 30 through December 6, 2005 in the amount of $4,339,032.12. Received and filed. 74469 The Clerk presented the Treasurer's report for the period of November 30 through December 6, 2005. Received and filed. 74470 The City Manager submitted a report regarding issuance of $35,000,000 City of Grand Rapids Water Supply System Revenue Bonds, Series 2005. Received and filed. ORDINANCES 74471 Com. White, supported by Com. Rabaut, moved adoption of the following Ordinance: ORDINANCE NO. 2005-97

THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN: Section 1. That the following constitutes amended additions to the designated line items of Section 1 of Ordinance 2005-30, the Budget of the City of Grand Rapids for Fiscal Year 2005-2006, as amended previously. GENERAL OPERATING FUND Other 19,368 From (To) Fund Balance - Total Amended Resources 111,666,011 Appropriations: Community Development-(OCYF) 19,368 Total Amended Appropriations 111,666,011 MICHIGAN JUSTICE TRAINING FUND Other From (To) Fund Balance 30,000 Total Amended Resources 100,000 Appropriations: 30,000 Total Amended Appropriations 100,000 COMMUNITY DEVELOPMENT PROGRAM FUND Other 239,431.41 From (To) Fund Balance (115,075.74) Total Amended Resources 6,297,616.67 Appropriations: 124,355.67 Total Amended Appropriations 6,297,616.67 HOME INVESTMENT PARTNERSHIP PROGRAM FUND Other 399,113.69

From (To) Fund Balance Total Amended Resources 1,959,180.69 Appropriations: 399,113.69 Total Amended Appropriations 1,959,180.69 LEAD ABATEMENT GRANT FUND Other 4,000,000 From (To) Fund Balance Total Amended Resources 4,000,000 Appropriations: 4,000,000 Total Amended Appropriations 4,000,000 SEWAGE DISPOSAL SYSTEM FUND Other 495,412.50 From (To) Fund Balance Total Amended Resources 40,154,012.50 Appropriations: 495,412.50 Total Amended Appropriations 40,154,012.50 PUBLIC LIBRARY FUND Other From (To) Fund Balance 360,860 Total Amended Resources 11,365,840 Appropriations: 360,860 Total Amended Appropriations 11,365,840 Carried by a roll call vote: Yeas: -6 Nays: -0 Com. White, supported by Com. Dean, moved that the appropriation ordinance take immediate effect pursuant to Section 9 of Title V of the City Charter.

Adopted: Yeas: -6 Nays: -0 CONSENT AGENDA 74472 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolutions under the Consent Agenda, as indicated by an asterisk (*). Adopted: Yeas: -6 Nays: -0 *74473 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that the Mayor's appointment of Charlese Hardiman-Bartz as a regular member to the Housing Appeal Board for the remainder of an unexpired term and a three-year term ending the first Monday of January 2009, be confirmed. *74474 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that the following students be appointed as Student Participants to the following Boards and Commissions for a term beginning January 1, 2006 and ending December 31, 2006. CABLE TELEVISION ADVISORY FORUM Courtney Albin Creston High School HOUSING APPEAL BOARD Dominic Bumadianne Creston High School PARKS & RECREATION ADVISORY BOARD Chantel Perez Creston High School *74475 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that Esther L. VanHammen be reappointed to the Area Agency on Aging for a two-year term, effective January 2, 2006, ending the first Monday of January 2008. *74476 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that Gayle R. Davis, Carol Greenburg, Lyman Parks, Jr. and Steele Taylor be reappointed to the Board of Art & Museum Commissioners for four-year terms, effective January 2, 2006, ending the first Monday of January 2010. *74477 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that the Mayor s reappointment of Rita Williams to the Brownfield Redevelopment Authority for a three-year term, effective the first Monday in January 2006 and ending the first Monday in January 2009, be confirmed. *74478 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that the Mayor's reappointments of Shaula Johnston and E. Gabriel Works to the City Planning Commission for three-year terms, effective January 2, 2006 and ending the first Monday in January 2009, be confirmed. *74479 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that the Mayor's reappointments of Ira Hart, Nancy Haynes and F. William Voetberg to the Community Relations Commission for three-year terms, effective January 2, 2006 and ending the first Monday in January 2009, be

confirmed. *74480 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that Georgina Paul and Casey Shellenboom be reappointed to the Construction Code Board of Appeals for fouryear terms, effective January 2, 2006 and ending the first Monday in January 2010. *74481 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that the Mayor's reappointments of W. Paul Mayhue and Catherine Mueller to the Downtown Development Authority for four-year terms, effective January 2, 2006 and ending the first Monday in January 2010, be confirmed. *74482 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that Bill Cole be reappointed as a regular member and that Patrick Bush be reappointed as an alternative member to the Grand Valley Metro Council Transportation Policy Advisory Committee for one-year terms, effective January 2, 2006, ending the first Monday of January 2007. *74483 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that the Mayor's reappointments of Harold Hamilton, as a regular member and Donald Rietema as an alternate member to the Housing Appeal Board for three-year terms, effective January 2, 2006 and ending the first Monday in January 2009, be confirmed. *74484 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that Ira Hart and Christian Meyer be reappointed to the Interurban Transit Partnership Board for two-year terms, effective December 31, 2005 and ending December 31, 2007. *74485 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: WHEREAS, Gagandeep Singh has petitioned the City of Grand Rapids for approval to sell beer and wine for off-premise consumption at 1603 Diamond Avenue NE, and WHEREAS, the proposed use of this property is subject to the Permitted With Approval procedures established in Sections 5.30 through 5.35 of the City Code, and WHEREAS, the City Commission held a public hearing on November 15, 2005 at which all interested persons were heard, and WHEREAS, the City Commission has considered the standards of Section 5.33 of the City Code and makes the following findings: 1. That the Permitted with Approval use may be potentially detrimental to nearby residential uses located in the immediate vicinity due to the close proximity of families housed near this property, past negative experiences with a former party store in the immediate vicinity and a concern expressed by the Grand Rapids Police Department relative to the adverse effects such a use would have on the community. 2. That the proposal will be an impediment to the enjoyment of other property in the immediate area because this property is located in a small, neighborhood commercial district which directly abuts single-family homes. RESOLVED, That the City Commission, based on the above findings, denies the request of Gagandeep Singh to sell beer and wine for off-premise consumption at 1603 Diamond Avenue NE. *74486 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda:

RESOLVED that the City Attorney is authorized to compromise and settle the pending property damage claim of ROGER AND NANNETTE COOLEY, Claim No. 05-0285, on behalf of the City of Grand Rapids, by payment of FIVE THOUSAND FOUR HUNDRED THIRTY-SIX AND 51/100 DOLLARS ($5,436.51) to "ROGER AND NANNETTE COOLEY." FURTHER RESOLVED that the Comptroller is hereby authorized and directed to issue a check in said amount consistent with the release. *74487 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED that payment be made to the State of Michigan in the amount of $21,348.15 for the annual public water supply fee authorized by Act 399, P.A. of 1976 as amended, to be charged to Code No. 43121001-818. *74488 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: WHEREAS, in 1995 the City established its support to the Right Place Program for five years, and extended said support for an additional five years in 2000; RESOLVED that the City Commission authorizes the payment of $30,000 to the Right Place Program as financial support for Fiscal Year 2006, and extends support for five years from 2006-2010, with each annual contribution to be considered as part of the annual budget process. *74489 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED THAT: 1. An amendment to the contract with LSL Planning, awarded on June 17, 2003 Commission proceeding number 71316 to increase the Scope of Services for the provision of zoning enforcement training in the amount of $10,600 plus reimbursable expenses in an amount not to exceed $400, is hereby authorized. 2. The Mayor is authorized to execute the amendment on behalf of the City in a form to be approved by the City Attorney. *74490 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: WHEREAS, the Fiscal Committee has considered the attached bids. NOW THEREFORE, BE IT RESOLVED, that the Purchasing Agent be authorized to proceed with awards to the following bidders, that contracts be prepared between the City and for the vendors noted (*) that the Mayor be authorized to sign the contracts on behalf of the City in a form to be approved by the City Attorney. O Mara Products (Footwear, Boots) Various Prices Safety Services Inc Cummins-Allison (Coin Sorter, Purchase/Maintenance) Various Prices Great Lakes Printing (Print/Mail, Employer Withholding Form) Various Prices Slingerland Chrysler/Dodge (Fleet Automobiles) Various Prices Deur Speet (Electric Vehicles) Various Prices *74491 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: WHEREAS, It is necessary to accept seven sidewalk easements and to approve payments for the same in connection with the

Reconstruction of Division Avenue from Alger Street to Burton Street; therefore 1. That the City accept sidewalk easements from the following property owners, for the compensation amounts noted, in connection with the aforesaid project. Pablo and Adela Rodriguez $190.00 1475 Crystalline Drive Caledonia, Michigan 49316 Alma Lucille Sims $100.00 624 Ferndale Avenue, N.W. Walker, Michigan 49544 Toby James Heberly and Kathie Lynn Heberly $105.00 4303 Windcrest Drive Grandville, Michigan 49418 Lorenza Almonte $100.00 2164 Division Avenue, S. Grand Rapids, Michigan 49507 Harold S. Bultman and Nan T. Wernette $1,085.00 1426 Franklin Street, S.E. Grand Rapids, Michigan 49506 MALF Real Estate Holdings, L.L.C. $1,295.00 21421 Hilltop Street Southfield, Michigan 48034 James E. Snodgrass and Eugene A. Keuning $120.00 1130 E. Deepwell Road Palm Springs, California 92264 2. That the City Clerk is hereby authorized and directed to record the aforesaid sidewalk easements with the Kent County Register of Deeds. 3. That the City Comptroller is hereby authorized and directed to make payments, in such amounts and to said payees, as the City Engineer requests in a total amount not to exceed $2,995 in connection with the aforesaid easement acquisitions. Said amount of $2,995 to be charged to Code No. 2260405-986-213035.

*74492 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: WHEREAS, on July 22, 2003 (Commission Proceeding No. 71433) the City awarded a contract to American Water Services Underground Infrastructure, Inc. (AWS) for CIPP Lining of Sanitary Sewers at Various Locations - 2003, and subsequently approved additional locations on April 12, 2005 (Commission Proceeding No. 73626); and WHEREAS, the City desires to increase the scope of work for the aforesaid contract with AWS to include additional locations, and AWS is willing to extend said contract for an additional period of time through June 30, 2006 at the current contract unit prices (as applicable) and negotiated costs for pipe sizes not originally included in the contract, manhole and street removal/restoration, and bypass pumping including any additional costs related to maintaining traffic; therefore 1. That the extension of the aforesaid contract with AWS for an additional period of time through June 30, 2006 at the current contract unit prices (as applicable) and negotiated costs for pipe sizes not originally included in the contract, manhole and street removal/ restoration, and bypass pumping including any additional costs related to maintaining traffic in connection with the aforesaid project is hereby approved, and that the scope of work for the aforesaid contract with AWS be increased to include additional locations at an estimated cost of $848,130.50 with total expenditures not to exceed $1,054,000, which includes the costs of the additional construction work, testing, engineering/ inspection, administration, and contingencies. Said amount of $1,054,000 to be charged as follows: $87,525 to Code No. 442501-818, $311,503.50 to Code No. 4490510-986-212028, $159,559 to Code No. 4490510-986-226510, and $495,412.50 to Code No. 4490531-986-215921. 2. That additional expenditures in an amount of $491,400 are hereby approved in connection with the aforesaid contract for future locations as identified by the Environmental Protection Services Department at the current contract unit prices (as applicable) and negotiated costs for pipe sizes not originally included in the contract, manhole and street removal/restoration, and bypass pumping including any additional costs related to maintaining traffic, which includes the costs of additional construction work, testing, engineering/inspection, administration, and contingencies. Said amount of $491,400 to be charged to Code Nos. 4490510-986-226510 and 442501-818 (capital or operation/maintenance). 3. That the City Engineer is hereby authorized to execute the necessary change order(s) to the contract with AWS in connection with the aforesaid contract extension at the current contract unit prices (as applicable) and negotiated costs for pipe sizes not originally included in the contract, manhole and street removal/restoration, and bypass pumping including any additional costs related to maintaining traffic, and the increase in scope of work. 4. That the City Comptroller is hereby authorized and directed to make payment, in amounts and to said payees, as the City Engineer requests in connection with the aforesaid project. 5. That the City, pursuant to Section 1.150-2 of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended, declares its intent to reimburse itself for a portion of the costs of the aforesaid increase in scope of work as referenced herein in an amount not to exceed $495,412.50 through the issuance of tax-exempt bonds. 6. That a copy of this resolution be available for inspection at the City Clerk s Office, 2nd Floor, City Hall, 300 Monroe Avenue, N.W., Grand Rapids, Michigan 49503. *74493 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: WHEREAS, the City Commission on March 16, 2004 approved Resolution No. 72280 adopting City Commission Policy No. 900-45 for Neighborhood Enterprise Zones which contains a statement of the City s goals, objectives and requirements to designate an eligible area; and WHEREAS, the City of Grand Rapids established the Turner Gateway Neighborhood Enterprise Zone (NEZ) by Resolution No. 73538 adopted on March 15, 2005; and WHEREAS, an application was filed with the City of Grand Rapids on October 17, 2005, by Mr. James M. Spencer for the rehabilitation of the property located at 422 10 th Street NW (Parcel No.: 41-13-24-179-001) in the Turner Gateway

Neighborhood Enterprise Zone, requesting a Rehabilitation Neighborhood Enterprise Zone certificate; and WHEREAS, the NEZ Act 147 of 1992, as amended, prohibits use of the proceeds from an insurance policy for property or casualty loss for rehabilitation of the facility. RESOLVED, the City Commission acknowledges receipt of the NEZ Certificate application from Mr. James M. Spencer for the rehabilitation of the property located at 422 10 th Street NW (Parcel No.: 41-13-24-179-001); finds that it complies with Public Act 147 of 1992 (as amended), and hereby approves the submission of the Neighborhood Enterprise Zone Certificate application for the above described property to the State Tax Commission by the City Clerk. RESOLVED, the City Commission recommends the above described property, if approved by the State Tax Commission, and provided no proceeds from insurance policy for property or casualty loss will be used for rehabilitation of the facility, shall receive the 12 year maximum allowable term of NEZ benefits, beginning from the effective date of the NEZ Certificate. *74494 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: 1. That a grant of an easement for communication facilities to Michigan Bell Telephone Company d/b/a SBC Michigan, for the consideration of $5,000, in a form approved by the City Attorney, is hereby approved which will encumber an area of land legally described as: The East 20.0 feet of the South 20.0 feet of Lot 18, Wm. H. DeCamp s Subdivision of Block 7, Coit & Co. s Addition to the City of Grand Rapids, Kent County, State of Michigan. 2. That the transfer and conveyance of 311 Hastings Street, NE legally described as: Lot 18, except the West 94 feet thereof, Wm. H. DeCamp s Subdivision of Block 7, Coit & Co. s Addition to the City of Grand Rapids, Kent County, Michigan. PP #41-14-19-378-010 (commonly known as: 311 Hastings St., NE) by quitclaim deed to 500 Lafayette, LLC, 3559 Four Mile Road, NE, Grand Rapids, MI 49525, for the consideration of $1,200 be and is hereby approved, and that the Mayor is authorized to execute said quitclaim deed to be issued pursuant thereto in a form approved by the City Attorney, and that the Economic Development Office is hereby authorized and directed to record said quitclaim deed with the Kent County Register of Deeds. 3. That the sale proceeds be deposited in the D.N.R. Properties Fund and the easement consideration be deposited in the Economic Development Property Management Fund. *74495 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: 1. That the transfer and conveyance of 1019 Prince St., SE, legally described as: Lot 11, Block 2, Harriet P. Winsor s Addition to the City of Grand Rapids, Kent County, Michigan. P.P.# 41-14-32-329-013 (commonly known as: 1019 Prince St., SE) to National City Home Loan Services, Inc. 150 Alegheny Center, Pittsburgh, PA 15212 for the consideration of One and xx/100 Dollar ($1.00) is hereby approved; and

that the Mayor is authorized to execute a quitclaim deed conveying the aforesaid property, in a form approved by the City Attorney s Office; and that the Economic Development Office is hereby authorized and directed to record said quitclaim deed with the Kent County Register of Deeds. *74496 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: RESOLVED, that in conformance with the terms of a conditional deed dated Oct. 18, 2002, and recorded in Liber 6344, page 344 with the Kent County Register of Deeds the transfer and conveyance of 906 Underhill Ave., S.W. legally described as: Lot 112, Coit and Rumsey s Addition to the City of Grand Rapids, Kent County, Michigan. PP #41-13-36-332-001 (commonly known as: 906 Underhill Ave., S.W.) from Rampart Properties, LLC to Habitat for Humanity of Kent County, Inc. is hereby approved. *74497 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: WHEREAS, the City and Creston Building Co., LLC, a Michigan limited liability company ("CB Co."), entered into a Purchase and Development Agreement (the "Agreement") dated May 13, 2003, related to the purchase and development of the former Creston Branch Library located at 1431 Plainfield Avenue, N.E., in the City (the "Property"); and WHEREAS, an initial extension of time for project completion was memorialized and approved February 3, 2004, Commission Proceeding #72146, which granted a time extension for completion until March 31, 2005 as contained within a First Amendment to Purchase and Development Agreement dated February 3, 2004; and WHEREAS, CB Co. has requested that the Agreement be amended again to extend the time period requirement to make the required capital investment of $200,000 and to complete the development and restoration of the Property until July 1, 2006; and WHEREAS, the City is agreeable to such extension subject to the terms of a Second Amendment to Purchase and Development Agreement (the "Second Amendment"). RESOLVED, that the Second Amendment in a form to be approved by the City Attorney or special counsel as to content with such minor modifications that are not materially adverse to the City shall be approved. FURTHER RESOLVED, that the Mayor and City Clerk are authorized and directed to execute the Second Amendment for and on behalf of the City. FURTHER RESOLVED, that all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. *74498 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: WHEREAS, the City Commission previously approved the Brownfield Plan (the "Plan") of the City of Grand Rapids Brownfield Redevelopment Authority (the "Authority") December 22, 1998 pursuant to the Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of 1996, as amended, MCL 125.2651 et seq.; and WHEREAS, the Authority has pursuant to Act 381 approved and recommended an amendment of the Plan for the Tall House at 45 Ionia, LLC Project (the "Project") identified therein (the "Amendment"); and WHEREAS, before considering approval of the Amendment the City Commission must hold a public hearing in accordance with Act 381.

1. That a public hearing be held to consider the Amendment to the Plan of the Authority. 2. That the public hearing be held on Tuesday, January 24, 2006 at 7:00 p.m. in the City Commission Chambers on the 9th Floor of the City Hall, 300 Monroe Avenue, N.W., in the City. 3. That the City Clerk give or cause to be given public notice of the hearing in accordance with Act 381 in substantially the form attached as Exhibit A. 4. That a copy of the Amendment be held in the Economic Development Office of the City located on the 9th Floor of City Hall, 300 Monroe Avenue, N.W., in the City for public examination and inspection. 5. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. *74499 Com. Tormala, supported by Com. Rabaut, moved adoption of the following resolution under the Consent Agenda: WHEREAS, the City Commission previously approved the Brownfield Plan (the "Plan") of the City of Grand Rapids Brownfield Redevelopment Authority (the "Authority") December 22, 1998 pursuant to the Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of Michigan of 1996, as amended, MCL 125.2651 et seq.; and WHEREAS, the Authority has pursuant to Act 381 approved and recommended an amendment of the Plan for the Fulton and Division, LLC Project (the "Project") identified therein (the "Amendment"); and WHEREAS, before considering approval of the Amendment the City Commission must hold a public hearing in accordance with Act 381. 1. That a public hearing be held to consider the Amendment to the Plan of the Authority. 2. That the public hearing be held on Tuesday, January 24, 2006 at 7:00 p.m. in the City Commission Chambers on the 9th Floor of the City Hall, 300 Monroe Avenue, N.W., in the City. 3. That the City Clerk give or cause to be given public notice of the hearing in accordance with Act 381 in substantially the form attached as Exhibit A. 4. That a copy of the Amendment be held in the Economic Development Office of the City located on the 9th Floor of City Hall, 300 Monroe Avenue, N.W., in the City for public examination and inspection. 5. That all resolutions or parts of resolutions in conflict herewith shall be and the same are hereby rescinded. RESOLUTIONS 74500 Com. Rabaut, supported by Com. Dean, moved adoption of the following resolution: WHEREAS, Section 7.101 of Chapter 94 of Title VII of the Code of the City of Grand Rapids provides that the City Commission shall annually adopt a revised taxicab rate schedule equal to the average of the November-November annual adjustment as reported by the U.S. Department of Labor's Intracity Public Transportation Consumer Price Index; and WHEREAS, the U.S. Department of Labor's Intracity Public Transportation Consumer Price index increased an average of 4.4% from November 2004 to November 2005; therefore 1. That the following taxicab rate schedule be adopted effective January 1, 2006:

For the first one-sixth (1/6 th ) of a mile or fraction thereof, two dollars and eighty cents ($2.80); and for each additional one-sixth (1/6 th ) of a mile, thirty cents ($0.30). For each sixty (60) seconds of waiting time or fraction thereof, thirty cents ($0.30). No charges shall be made for extra passengers. 2. That no person operating or controlling any taxicab in the City shall charge a greater sum for the use of a taxicab than in accordance with the above listed rates. Adopted: Yeas: 5 Coms. Dean, Jendrasiak, Rabaut, White, President Schmidt Nays: -1 Com. Tormala Absent: -1 Mayor Heartwell 74501 Com. Dean, supported by Com. Rabaut, moved adoption of the following resolution: 1. That the attached City Commission Schedule for calendar year 2006 be adopted. 2. That the City Attorney be authorized and directed to prepare and bring back before this Commission at a later date a proposed Charter Amendment to require two City Commission meetings a month, such amendment to be placed before the voters for their consideration at an election to be held on August 8, 2006. Adopted: Yeas: -6 Nays: -0 CITY COMMISSION RESOLUTIONS 74502 Com. Jendrasiak, supported by Com. Rabaut, moved to suspend the rules in order to consider the following resolution. Carried: Yeas: -6 Nays: -0 Com. Jendrasiak, supported by Com. Rabaut, moved adoption of the following resolution: RESOLVED that the City Attorney is authorized to compromise and settle on behalf of the City of Grand Rapids and the Grand Rapids Police Department the lawsuit captioned Robert Smit v. The City of Grand Rapids and The Grand Rapids Police Department, Kent County Circuit Court Case No. 05-00443-NO, by the cash payment of Forty-Five Thousand and 00/100 ($45,000.00) Dollars to the above-named Plaintiff. FURTHER RESOLVED that the Comptroller be and is hereby authorized and directed to issue a check to Robert Smit and Lafayette M. Beers, his attorney, in said amount. Adopted: Yeas: -6 Nays: -0 PUBLIC HEARINGS 74503 Pursuant to Commission File No. 74407, dated November 15, 2005, a public hearing was held on this date to consider an amendment to the Brownfield Plan related to the 33 Library LLC Project for property generally located at 33 Library (former YMCA Building). At the conclusion of said hearing, the President of the City Commission declared the hearing closed and referred the matter to the Committee of the Whole Committee. 74504 Pursuant to Commission File No. 74408, dated November 15, 2005, a public hearing was held on this date to consider an amendment to the Brownfield Plan related to the Irish Twins Group LLC Project for property generally located at 801-803 Ionia Ave., N.W. At the conclusion of said hearing, the President of the City Commission declared the hearing closed and referred the matter to the Committee of the Whole Committee.

74505 Pursuant to Commission File No. 74409, dated November 15, 2005, a public hearing was held on this date to consider the establishment of an Obsolete Property Rehabilitation District pursuant to Act 146 for Irish Twins Group LLC located at 801-803 Ionia Ave., N.W. At the conclusion of said hearing, the President of the City Commission declared the hearing closed and referred the matter to the Community Development Committee. Commission adjourned at 2:46 p.m. MARY THERESE HEGARTY City Clerk