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					               OFFICIAL PROCEEDINGS
                                    OF THE

              CITY COMMISSION
                                    OF THE
            CITY OF GRAND RAPIDS, MICHIGAN
              Regular Session, Tuesday Evening, 7:00 p.m.
                                August 15, 2006
        Commission was called to order by His Honor, Mayor Heartwell, at 7:00 p.m.
        Com. White gave the Invocation/Reflection.
        The roll was called by the Clerk. Present: Coms. Bliss, Jendrasiak, Lumpkins,
Schmidt, Tormala, White, Mayor Heartwell.

        On the motion of Com. Tormala, supported by Com. Bliss, the reading of the
minutes of the regular session of August 1, 2006 was waived and said minutes were
approved as presented.

                    PETITIONS AND COMMUNICATIONS

       75293 Communication from Bruce Brown President of Trinity
Development of Michigan, Inc., opposing the installation of a sidewalk along the
Richmond Street boundary of the Oakleigh Woods community. Referred to the City
Manager.

                         REPORTS OF CITY OFFICERS

        75294, 75295    The Clerk presented the Comptroller’s reports (2) of bills
recommended for allowance for the periods of July 26 through August 1, 2006 in the
amount of $2,745,606.52 and August 2 through August 8, 2006 in the amount of
$59,613,701.74. Received and filed.

        75296 The Clerk presented the Treasurer's report for the period of July 26
through August 8, 2006. Received and filed.




                                         541
542                                    CITY COMMISSION                       August 15, 2006

                                       ORDINANCES

          75297 An Ordinance to amend Sections 9.857(1) and 9.858 of Chapter 170
of the City Code entitled “Municipal Civil Infractions” was presented to the City
Commission on August 1, 2006 under File No. 75279 to be considered for adoption
this date.
          Com. Jendrasiak, supported by Com. Tormala, moved adoption of the
following Ordinance:

        AN ORDINANCE TO AMEND CHAPTER 170 OF TITLE IX OF THE
        CODE OF THE CITY OF GRAND RAPIDS ENTITLED “MUNICIPAL
        CIVIL INFRACTIONS".

                             ORDINANCE NO. 2006-59

        THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:

         Section 1. That Section 9.857(1) of Chapter 170 of Title IX of the Code of the
City of Grand Rapids be amended by the addition of subsection (20) to read as follows:

        “(20)    For violations listed in Section 9.858 with the letter N:

                 Initial Offense:                              $ 250.00
                 First Repeat Offense:                         $ 500.00
                 Second (or any subsequent
                  Repeat Offense):                             $1,000.00”

         Section 2. That Section 9.858 of Chapter 170 of Title IX of the Code of the
City of Grand Rapids be amended by the addition of Section N as follows:

        “N. Violations of Article 3 of Chapter 64 of the City Code entitled
        ‘Land Division Ordinance’”.

          Section 3. This ordinance amendment shall take effect thirty (30) days after
its adoption.

        Carried by a roll call vote:          Yeas: -7         Nays: -0

        75298    Com. White, supported by Com. Tormala, moved adoption of the
following:

                             ORDINANCE NO. 2006 - 60

         THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
August 15, 2006                   CITY COMMISSION                                543

Section 1. That the following constitutes amended additions to the designated line
items of Section 1 of Ordinance 2006-38, the Budget of the City of Grand Rapids for
Fiscal Year 2006-2007, as amended previously.

GENERAL OPERATING FUND
Resources:
        From (To) Fund Balance                                               12,000
Total Amended Resources                                                 118,939,861
Appropriations:
        Contingent                                                         (21,226)
        Parks & Recreation                                                   21,226
        Management Services                                                  12,000
Total Amended Appropriations                                            118,939,861

SEWAGE DISPOSAL SYSTEM FUND
Resources:
        From (To) Fund Balance                                               165,437
Total Amended Resources                                                   44,865,904

Appropriations:                                                              165,437
Total Amended Appropriations                                              44,865,904

        Carried by a roll call vote:        Yeas: -7           Nays: -0
        Com. White, supported by Com. Bliss, moved that the appropriation
ordinance take immediate effect pursuant to Section 9 of Title V of the City Charter.
        Adopted:           Yeas: -7         Nays: -0

                               CONSENT AGENDA

        75299 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolutions under the Consent Agenda, as indicated by an asterisk (*).
        Adopted:          Yeas: -7         Nays: -0

        *75300 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED that Ruth E. Kelly be appointed to the Cable Television Advisory Forum for
the remainder of an unexpired term ending the first Monday of January 2008.

        *75301 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED that the request from Bejing Chinese Restaurant, L.L.C. for use of Grand
Rapids City Sidewalk for Outdoor Service Area, be approved.
544                                 CITY COMMISSION                        August 15, 2006

        *75302 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED that the request from 20 Monroe Building Company Limited Partnership
for official permit (dance-entertainment) for the hours 2:30 a.m. to 4:00 a.m. weekdays
and 2:30 a.m. to 4:00 a.m. Sunday, in conjunction with 2006 Class-C Licensed
Business, with dance permit, entertainment permit, located at 20 Monroe NW, be
approved.

        *75303 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

Resolution to request a Renaissance Recovery Zone.

        WHEREAS, the City of Grand Rapids desires to promote economic activity
and maintain/increase the number of jobs available to residents of the area, and;

         WHEREAS, certain industries in the state are facing difficult times and the
tool and die industry, in particular, has sustained losses due to foreign competition and
increased productivity;

         WHEREAS, the designation of a Renaissance Recovery Zone will temporarily
reduce the tax burden paid by the businesses enabling them to reposition themselves to
compete globally, and;

         WHEREAS, the businesses have entered into a collaborative agreement with
other business entities having the appropriate North American industrial classification,
and;

       WHEREAS, the qualified tool and die business property is property leased or
owned by a tool and die business and used primarily for tool and die operations;

         WHEREAS, should the areas be designated a Renaissance Recovery Zones,
property within that zone will be exempt from taxes levied by the city, county, and
other units of government as provided under this ACT and;

         WHEREAS, we estimate that the tax revenue lost, is approximately $4,738
per year for the City of Grand Rapids, would be a small fraction of the benefits the
designation of a Renaissance Recovery Zones will bring the community.

          THEREFORE BE IT RESOLVED, that the City of Grand Rapids requests
that the State of Michigan designate Metric Die & Engineering Inc. at 333 Fransman
Place SW, 320 Marion Avenue SW, PP # 41-13-26-456-048, Grand Rapids, Michigan,
identified by the resolution a Renaissance Recovery Zones under Public Act 376 of
1996 for a duration of 5 years, with a review of the companies at the end of year two to
determine if further extensions are necessary.
August 15, 2006                     CITY COMMISSION                                  545

         BE IT RESOLVED FURTHER, that the City of Grand Rapids shall monitor
the collaborative agreement by requiring the business to submit (1) an annual report
detailing its efforts to maintain compliance under the Act, as amended, (2) any changes
to the collaborative agreement, and (3) copies of all audit reports compiled by the State
of Michigan.

          ALSO BE IT FURTHER RESOLVED, that the Company agrees to abide by
all building, zoning, and noise codes and ordinances, and with all other applicable
federal, state, and local laws and regulations in the operation of the business. The
Company will maintain its property in good condition, including the buildings,
equipment, landscaping, yards, fencing, parking lots, and all fixtures. The Company
commits to retain the number of existing jobs, except in dire circumstances at which
time the Company will provide a full explanation to the City Commission. The
Company agrees to provide documentation to the City’s Economic Development
Office of employment by November 1 for each year the Renaissance Recovery Zone is
in effect. The Company agrees to enter into a Memorandum of Understanding, which
the Mayor is authorized to execute in a form approved by the City Attorney.

        *75304 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

Resolution to request a Renaissance Recovery Zone.

        WHEREAS, the City of Grand Rapids desires to promote economic activity
and maintain/increase the number of jobs available to residents of the area, and;

         WHEREAS, certain industries in the state are facing difficult times and the
tool and die industry, in particular, has sustained losses due to foreign competition and
increased productivity;

         WHEREAS, the designation of a Renaissance Recovery Zone will temporarily
reduce the tax burden paid by the businesses enabling them to reposition themselves to
compete globally, and;

         WHEREAS, the businesses have entered into a collaborative agreement with
other business entities having the appropriate North American industrial classification,
and;

       WHEREAS, the qualified tool and die business property is property leased or
owned by a tool and die business and used primarily for tool and die operations;

         WHEREAS, should the areas be designated a Renaissance Recovery Zones,
property within that zone will be exempt from taxes levied by the city, county, and
other units of government as provided under this ACT and;
546                                  CITY COMMISSION                         August 15, 2006

         WHEREAS, we estimate that the tax revenue lost, is approximately $4,280
per year for the City of Grand Rapids, would be a small fraction of the benefits the
designation of a Renaissance Recovery Zones will bring the community.

          THEREFORE BE IT RESOLVED, that the City of Grand Rapids requests
that the State of Michigan designate Michigan Wire EDM Services Inc. at 1221 Taylor
Avenue North, PP # 41-13-13-479-012, Grand Rapids, Michigan, identified by the
resolution a Renaissance Recovery Zone under Public Act 376 of 1996 for a duration
of 5 years, with a review of the companies at the end of year two to determine if further
extensions are necessary.

         BE IT RESOLVED FURTHER, that the City of Grand Rapids shall monitor
the collaborative agreement by requiring the business to submit (1) an annual report
detailing its efforts to maintain compliance under the Act, as amended, (2) any changes
to the collaborative agreement, and (3) copies of all audit reports compiled by the State
of Michigan.

          ALSO BE IT FURTHER RESOLVED, that the Company agrees to abide by
all building, zoning, and noise codes and ordinances, and with all other applicable
federal, state, and local laws and regulations in the operation of the business. The
Company will maintain its property in good condition, including the buildings,
equipment, landscaping, yards, fencing, parking lots, and all fixtures. The Company
commits to retain the number of existing jobs, except in dire circumstances at which
time the Company will provide a full explanation to the City Commission. The
Company agrees to provide documentation to the City’s Economic Development
Office of employment by November 1 for each year the Renaissance Recovery Zone is
in effect. The Company agrees to enter into a Memorandum of Understanding, which
the Mayor is authorized to execute in a form approved by the City Attorney.

        *75305 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED that City Commission hereby adopts the revisions to City Commission
Policy #1100-06 on Art, Memorials, and Related Gifts.

        *75306 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED that the City will enter into an Option Agreement with Grand Rapids Public
Schools to exercise its right under Paragraph 21 of the Joint Use of Facilities, Maintenance
and Programming Agreement [commonly known as the Park School Agreement], dated
September 30, 1997, to purchase 811 Jefferson, as described and depicted on Attachment
A, for the current appraised value of $580,000; and

RESOLVED that the subject property will be conveyed to the County as provided for in
the Option Agreement between the City and the County of Kent; and
August 15, 2006                     CITY COMMISSION                                  547

RESOLVED that the Mayor and City Clerk are authorized to execute the Option
Agreement and any and all documents necessary to complete this transaction as approved
by the City Attorney.

                                  ATTACHMENT A

Lots 3, 4 and 5, Perkins Subdivision of Lot 1, A. Campau’s Subdivision, also Lots
514, 515 and 516 Doran’s Assessor’s Plat No. 15 of Lots 2, 3, 4, 5 and 6 of A.
Campau’s Subdivision of the West ½ of the Southwest ¼ of Section 31, T6N, R11W,
City of Grand Rapids, Kent County, Michigan.

P.P. #41-14-31-303-036
(commonly known as: 811 Jefferson Ave., SE)

        *75307 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED, that the City Commission hereby adopts the attached the City of Grand
Rapids Sustainability Plan.

        *75308 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED, that Amendment #2 to the Agreement between the City of Grand Rapids
and the New Development Corporation for the Acquisition and Development for Resale
Program approved April 20, 2004 (Agreement Number 17688T, Proceeding Number
72416) and amended December 20, 2005 (Agreement Number 18236, Proceeding Number
74521) to:

     1. Extend the Period of Performance of the Agreement to January 31, 2008.
     2. Reduce the number of single family houses to be acquired and rehabilitated in the
          area generally bounded by Richmond, Alpine, Webster, Tamarack, Leonard,
          White, Garfield Bridge, Marion, I-196, Stocking, Bridge and US-131
          (”Expanded Stocking Area”) from two to one and increase the number of
          single family houses to be acquired and rehabilitated in the Belknap, Creston
          and Near West Side Target Areas from three to four.

is approved and the Mayor is hereby authorized to execute said Amendment #2 in a form
approved by the City Attorney.
548                                CITY COMMISSION                       August 15, 2006

        *75309 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED that an agreement between the City of Grand Rapids and Grand Rapids
Community College to provide services in support of the Community Sustainability
Partnership be approved and that the Mayor is authorized to execute said agreement, in
a form to be approved by the City Attorney, and the Comptroller is authorized and
directed, upon the request of the City Manager to provide payment per the terms of the
agreement.

          *75310 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:
          RESOLVED that the City Attorney is authorized to compromise and settle on
behalf of the City of Grand Rapids the pending property damage claim of OMER
JELOVAC and SENADA JELOVAC, on behalf of the City of Grand Rapids, by payment
of FIVE THOUSAND SIXTY-THREE AND 17/100 DOLLARS ($5,063.17) to “OMER
JELOVAC and SENADA JELOVAC.”
          FURTHER RESOLVED that the Comptroller is hereby authorized and directed
to issue a check in said amount consistent with the release.

        *75311 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED that the City enter into agreements with Sabin Valuation Group, LTM
Incorporated, and Genzink Appraisal Company for Professional Appraisal Services,
upon approval by the City Attorney, the Mayor be authorized to execute the aforesaid
agreements on behalf of the City. The period of performance for each agreement will
be through June 30, 2009 with an option to extend each agreement for successive three
year periods or portions thereof.

FURTHER RESOLVED that total expenditures are hereby authorized in an amount not
to exceed $17,500 in FY07 and the budgeted amount approved for said services in
subsequent years. The aforesaid costs will be charged to the budgets for which these
services are required.

FURTHER RESOLVED that the City Comptroller is hereby authorized and directed to
make payment, in amounts and to said payees, as the City Assessor requests in
connection with the aforesaid services.

         *75312 Com. Schmidt, supported by Com. Bliss, 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.
August 15, 2006                    CITY COMMISSION                                549

Tele-Rad Inc          (Maintenance/Repair of Radio Equipment)         Various Prices
East Jordan Iron Works   (Castings, Catchbasins, Manholes)            Various Prices
Carrier & Gable Inc          (Poles, Metal, Ornamental)               Various Prices
*Morton Salt                      (Bulk Road Salt)                    Various Prices

        *75313 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

WHEREAS, the City of Grand Rapids has agreed to participate with Consumers
Energy and Comcast in the ownership and operation of an underground utility system
in Michigan Street and the system was improved at Consumers Energy’s expense;

RESOLVED:

     1.   That the City Comptroller’s Office is authorized to pay Consumers Energy in
          the amount of $108,033.85 for the City’s share of the construction costs.
          Funds are available for this work in the Street Lighting Divisions Capital
          Project 19C444 (1950I20/401 19C444).
     2.   That the Budget Office adjust the Street Lighting budget to reflect the
          additional revenue and expenses of this project.

        *75314 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED:

         1. That a public hearing be scheduled before the City Commission to consider
the request for a zone change for 601, 615 and 621 Lake Michigan Drive NW; 134,
140, 144, 148 Lexington Avenue NW; and 153 Seward Avenue NW from R-1A One-
Family Auxiliary Zone to PRD Planned Redevelopment District, said hearing to be
held on September 12, 2006 at 7:00 P.M., in the City Commission Chambers on the 9th
Floor of City Hall, 300 Monroe NW, Grand Rapids, Michigan, 49503.

        2. That the Planning Director shall give notice of such hearing in the same
manner and to the same persons as required by Section 5.31(2).

          3. The proposed amendment reads as follows:

       AN ORDINANCE TO AMEND SECTION 5.12, MAP 30 OF CHAPTER 61
OF TITLE V OF THE CODE OF THE CITY OF GRAND RAPIDS, THE ZONING
ORDINANCE.

                           ORDINANCE NO. 2006 - ____

          THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
550                                 CITY COMMISSION                       August 15, 2006

         Section 1. That Section 5.12, Map 30 of Chapter 61 of Title V of the Code of
the City of Grand Rapids be amended to approve a zone change from R-1A One-
Family Auxiliary Zone to PRD Planned Redevelopment District for 601, 615 and 621
Lake Michigan Dr NW, and 134, 140, 144, and 148 Lexington Ave NW and waives the
two-acre minimum size requirement, and the 60% transparency requirement for
residential units along Lake Michigan and Lexington to allow the demolition of two
houses and the construction of a mixed-use building with 4,100 square feet of retail and
69 residential units, and described as:

         601 Lake Michigan Dr NW, Tax Parcel #: 41-13-25-154-012, Description:
         Lots 26 and 28 of West Division Street, Scribner's Addition to the City of
         Grand Rapids, Kent County, Michigan, as recorded in Liber 24 of Plats, Page
         1.

         615 Lake Michigan Dr NW, Tax Parcel #: 41-13-25-154-011, Description:
         The East 44 feet of Lots 25 and 27 of Jefferson Street, Scribner's Addition to
         the City of Grand Rapids, Kent County, Michigan, as recorded in Liber 24 of
         Plats, Page 1.

         621 Lake Michigan Dr NW, Tax Parcel #: 41-13-25-154-007, Description:
         The East 44 feet of the West 88 feet of Lot 25 of Jefferson Street, Scribner's
         Addition to the City of Grand Rapids, Kent County, Michigan, as recorded in
         Liber 24 of Plats, Page 1.

         134 Lexington Ave NW, Tax Parcel #: 41-13-25-154-006, Description: The
         West 44 feet of Lot 25 of Jefferson Street, Scribner's Addition to the City of
         Grand Rapids, Kent County, Michigan, as recorded in Liber 24 of Plats, Page
         2.

         140 Lexington Ave NW, Tax Parcel #: 41-13-25-154-005, Description: The
         South 52 feet of the West 100 feet of Lot 29 of Jefferson Street, Scribner's
         Addition to the City of Grand Rapids, Michigan.

         144 Lexington Ave NW, Tax Parcel #: 41-13-25-154-004, Description: The
         North 40 feet of the West 88 feet of Lot 27 of Jefferson Street, Scribner's
         Addition to the City of Grand Rapids, Michigan.

         148 Lexington Ave NW, Tax Parcel #: 41-13-25-154-003, Description: The
         South 26 feet of the West 88 feet of Lot 27 of Jefferson Street, Scribner's
         Addition to the City of Grand Rapids, Kent County, Michigan, as recorded in
         Liber 24 of Plats, Page 2.
August 15, 2006                         CITY COMMISSION                                551

         Section 2. That Section 5.12, Map 30 of Chapter 61 of Title V of the Code of
the City of Grand Rapids be amended to approve a zone change from R-1A One-
Family Auxiliary Zone to PRD Planned Redevelopment District for 153 Seward Ave
NW and waives the two-acre minimum size requirement to allow the demolition of one
house, and the construction of a parking lot as a Permitted With Approval use, subject
to the approval of an appeal before the Board of Zoning Appeals, and described as:

          153 Seward Ave NW, Tax Parcel #: 41-13-25-154-009, Description: Lot 32
          and North 16 feet of Lot 30 of West Division Street, Scribner’s Addition to
          the City of Grand Rapids.

         Section 3. As provided in Sections 5.303 - 5.306 of the Zoning Ordinance that
the following provisions are an integral part of this Ordinance:

     1.   That the drawings prepared by Beta Design, signed, dated and stamped by the
          Planning Director, shall constitute the approved plans.

     2.   That final site plan drawings shall substantially conform to the approved plans
          and the design provisions of Article 26 and shall be reviewed and approved by
          the Planning Director prior to the issuance of a Land Use and Development
          Services (LUDS) permit, including:

                  a)   A photometric plan showing that all exterior lighting shall be full,
                       sharp cutoff fixtures mounted no more than 20’ in height, with all
                       light contained on site.

                  b) A landscaping plan showing the location, size and labeling of all
                     proposed plantings; and a list of all types of plants to be used,
                     including common and species names, caliper size of trees, and the
                     size of shrubs and bushes.

                  c)   A storm water management plan and/or drainage plan approved by
                       the Environmental Protection Services Department.

     3.   That final construction drawings shall substantially conform to the approved
          plans and shall be reviewed and approved by the Planning Director prior to the
          issuance of a building permit.

     4.   That final curb cut details for access drives shall be subject to approval by the
          Traffic Safety Department. Final review and sign-off of a traffic impact study
          and circulation patterns by the Traffic Safety Department shall be required
          prior to the issuance of a building permit.

     5.   That a long-term parking agreement be made with the Downtown
          Development Authority for at least 45 parking spaces.
552                                   CITY COMMISSION                         August 15, 2006

      6.   That a sign package shall comply with the provisions of 5.303(10) and shall
           be submitted for review and approval by the Planning Director prior to
           occupancy.

        *75315 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED

1.         That the transfer and conveyance of 414 Eastern Ave., SE, in its "as is"
           condition and legally described as:

                    The West 124 feet of the North 34 feet, Lot 13, Bock 2, Fisher's
                    Addition to the City of Grand Rapids, Kent County, Michigan.

                    P.P. # 41-14-32-101-035
                    (commonly known as: 414 Eastern Ave., SE)

           by Quitclaim Deed to Mr. Mark Post, a single man, 327 Eastern Ave., SE,
           Grand Rapids, MI 49503, for the consideration of Six Thousand and XX/100
           Dollars ($6,000.00), 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
           Department is hereby authorized and directed to record said quitclaim deed
           with the Kent County Register of Deeds.

2.         That the funds from the above sale be deposited with the MDNR Property
           Fund.

        *75316 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED:

1.         That the transfer and conveyance of 578 Madison Ave., SE, legally described as:

           The West 87 feet of Lot 5, Heald Addition to the City of Grand Rapids, Kent
           County, Michigan.

           PP# 41-14-31-205-018
           (commonly known as: 578 Madison Ave., SE)

           by Conditional Quitclaim Deed to Mark Rumsey, a married man for the
           consideration of Eight Thousand Three Hundred Fifty-Two and xx/100 Dollars
           ($8,352.00), is approved, and the Mayor is authorized to execute said Conditional
           Quitclaim Deed for this conveyance to be issued in a form approved by the City
           Attorney, and that the Economic Development Department is hereby authorized
August 15, 2006                      CITY COMMISSION                                    553

          and directed to record said Conditional Quitclaim Deed with the Kent County
          Register of Deeds; and

2.        The Conditional Quitclaim Deed requires the buyer to construct new housing, in
          compliance with City codes and ordinances including Zoning and Historic
          Preservation requirements by October 30, 2008; and

3.        That the funds from the above sale be deposited into the MDNR Property
          Account.

        *75317 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

WHEREAS, Paragon Firstronic of N.A. Corp. has filed a request with the City of Grand
Rapids for the establishment of an Industrial Development District; therefore,

RESOLVED:

     1.   That based upon the facts and information submitted, the City Commission does
          hereby approve an Industrial Development District to be established at 1615,
          1655 Michigan Street NE.

     2.   That the Industrial Development District hereby established is explicitly and
          solely for the related project currently on file with the City.

     3.   That all other resolutions or parts of resolutions in conflict herewith are hereby
          rescinded.

        *75318 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED:

     1. That the application of Stratus Properties LLC for an Obsolete Property
        Rehabilitation Tax Exemption Certificate shall remain on file in the Economic
        Development Office for consideration by the public.

     2. That the City Commission shall meet in the City Commission Chambers, City
        Hall, Grand Rapids, Michigan, on August 29, 2006 at seven o'clock (7:00) p.m.;
        at which time and place the City Commission shall afford the applicant, the City
        Assessor, and a representative of each of the taxing units an opportunity to be
        heard on the question of the approval of the application for an Obsolete Property
        Rehabilitation Tax Exemption Certificate for Stratus Properties LLC.
554                                   CITY COMMISSION                        August 15, 2006

      3. That the City Clerk shall notify in writing the City Assessor and the legislative
         body of each taxing unit which levies ad valorem property taxes in the City of the
         receipt of the application and also the date, time, and location at which the City
         Commission shall afford the applicant, the Assessor, and a representative of each
         affected taxing unit an opportunity for a hearing.

      4. That the cost of the project at 345 State Street SE, excluding land and inventory,
         is estimated at $1,065,000.00.

        *75319 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED:

      1. That the application of Hansen-Balk Steel Treating Company for an Industrial
         Facilities Exemption Certificate shall remain on file in the office of the Economic
         Development Department for consideration by the public.

      2. That the City Commission shall meet in the City Commission Chambers, City
         Hall, Grand Rapids, Michigan, on August 29, 2006 at 7:00 p.m.; at which time
         and place the City Commission shall afford the applicant, the City Assessor, and
         a representative of each of the taxing units an opportunity to be heard on the
         question of the approval of the application for an Industrial Facilities Exemption
         Certificate for Hansen-Balk Steel Treating Company.

      3. That the City Clerk shall notify in writing the City Assessor and the legislative
         body of each taxing unit which levies ad valorem property taxes in the City of the
         receipt of the application and also the date, time, and location at which the City
         Commission shall afford the applicant, the Assessor, and a representative of each
         affected taxing unit an opportunity for a hearing.

      4.   That the cost of the industrial property at 1230 Monroe Avenue NW, excluding
           land and inventory, is estimated at $3,678,610.

        *75320 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

WHEREAS, it is necessary to rescind Commission Proceeding No. 75258, dated July
25, 2006, and

WHEREAS, the City has initiated the vacation of a portion of Hall Street between
Phillips Avenue and Buchanan Avenue described as:

           Part of the Northeast one-quarter of Section 1, Town 6 North, Range 12
           West, City of Grand Rapids, Kent County, Michigan, described as:
           BEGINNING at the Northwest corner of Lot 42, Samuel A. Browne’s
           Addition to the City of Grand Rapids (as recorded in Liber 4 of Plats,
August 15, 2006                       CITY COMMISSION                                   555

          Page 43, Kent County Records); thence North 01°17'05" West 11.84
          feet along the Northerly extension of the Easterly line of Phillips Street;
          thence North 63°18'04" East 13.01 feet; thence Easterly 194.21 feet on
          a 1671.02 foot radius curve to the left, the chord of which bears South
          83°12'42" East 194.11 feet to the South line of Hall Street; thence
          North 88°31'25" West 204.17 feet along said line to the place of
          Beginning; therefore

RESOLVED, that all reports of all interested parties being favorable, the City
Commission consents to the aforesaid vacation of a portion of Hall Street subject to the
following conditions:

1.        That Commission Proceeding No. 75258 dated July 25, 2006, is hereby
          rescinded.

2.        That an easement is reserved to the City of Grand Rapids encompassing the
          entire area to be vacated for existing and future utilities.

3.        That easements are provided to Consumers Energy, Ameritech, Comcast, and
          Michigan Consolidated Gas Company, as necessary, for existing and future
          facilities. Said easements shall be subservient to the City of Grand Rapids’
          interests.

4.        That consent be predicated on the proper proceedings being commenced in the
          proper court within ninety (90) days of the date herein.

5.        That the City Clerk is hereby authorized and directed to record this resolution
          with the Kent County Register of Deeds.

6.        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 $30,000 in connection with the aforesaid
          vacation. Said amount of $30,000 to be charged to Code No. 2260405-986-
          215553.

        *75321 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

WHEREAS, it is necessary to accept two Public Utility and Access Easements and to
authorize payments in connection with Reconstruction of Tallman Creek Sanitary
Sewer from approximately O’Brien Street to Clinton Avenue; therefore

RESOLVED:

1.        That the City accept Public Utility and Access Easements from the following
          property owners, for the compensation amounts noted, in connection with the
          aforesaid project.
556                                CITY COMMISSION                       August 15, 2006

                 Christina M. Pikaart                                  $4,200.00
                 249 Kinney Avenue, N.W.
                 Grand Rapids, Michigan 49544

                 Kelly J. Vadeboncoeur, f/k/a Kelly Bianchi            $3,000.00
                 215 Kinney Avenue, N.W.
                 Grand Rapids, Michigan 49544

2.      That the City Clerk is hereby authorized and directed to record the aforesaid
        Public Utility and Access 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 $7,200.00 in connection with the acquisition of
        the aforesaid Public Utility and Access Easements. Said amount of $7,200.00
        to be charged to Code No. 4490532-986-216918.

4.      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 the costs of the acquisition of the
        aforesaid Public Utility and Access Easements and other related costs as
        referenced herein in an amount not to exceed $7,200.00 (Sewer System Fund)
        through the issuance of tax-exempt bonds.

5.      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.

        *75322 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

WHEREAS, it is necessary to accept a Deed of Easement and ten Public Utility and
Access Easements and to approve payments for the same in connection with
Reconstruction of Indian Mill Creek Sanitary Sewer in Tamarack Avenue, Public
Easement (N.W.), and Public Easement (N.W.) Erickson Court (Pvt.), and
Remembrance Sanitary Lift Station Improvements; therefore

RESOLVED:

1.      That the City accept a Public Utility and Access Easement from the following
        property owner, for nominal consideration of less than One Hundred Dollars
        with no payment to the property owner, in connection with the aforesaid
        project.
August 15, 2006                     CITY COMMISSION                                 557

                  City of Walker
                  4243 Remembrance Road, N.W.
                  Walker, Michigan 49544

2.        That the City accept a Deed of Easement from the following property owner,
          for the compensation amount noted, in connection with the aforesaid project.

                  Norfolk Southern Railway Company                    $142,273.00
                  1200 Peachtree Street, N.E.
                  Atlanta, Georgia 30309-3579

3.        That the City accept Public Utility and Access Easements from the following
          property owners, for the compensation amounts noted, in connection with the
          aforesaid project.

                  Thomas L. Spaak and Nancy K. Lamb-Spaak             $650.00
                  2637 Westwinde Street, N.W.
                  Grand Rapids, Michigan 49544

                  Arnold G. Grover and Viola L. Grover                $1,180.40
                  2547 Westwinde Street, N.W.
                  Grand Rapids, Michigan 49544

                  Marjorie R. VanderMolen                             $1,313.00
                  2531 Westwinde Street, N.W.
                  Grand Rapids, Michigan 49544

                  Stanley A. Arsulowicz Jr. and Janna Arsulowicz      $291.46
                  2521 Westwinde Street, N.W.
                  Grand Rapids, Michigan 49544

                  Delia Koetje and Carolyn Koetje                     $1,988.95
                  547 Baldwin
                  Jenison, Michigan 49428

                  Delia Koetje and Carolyn Koetje                     $300.45
                  547 Baldwin
                  Jenison, Michigan 49428

                  D & T Real Estate, L.L.C.                           $13,000.00
                  2500 Three Mile Road, N.W.
                  Grand Rapids, Michigan 49534

                  Blueberry Valley Condominiums                       $2,954.35
                  2107 Blue Bell Way
                  Grand Rapids, Michigan 49504
558                               CITY COMMISSION                       August 15, 2006

                 Darling International Inc.                           $1,484.81
                 251 O'Connor Ridge Blvd., Suite 300
                 Irving, Texas 75038

4.      That the City Clerk is hereby authorized and directed to record the aforesaid
        Deed of Easement and Public Utility and Access Easements with the Kent
        County Register of Deeds.

5.      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 $165,436.42 in connection with the acquisition
        of the aforesaid Deed of Easement and Public Utility and Access Easements.
        Said amount of $165,436.42 to be charged to Code No. 4490532-986-215903.

6.      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 the costs of the acquisition of the
        aforesaid Deed of Easement and Public Utility and Access Easements and
        other related costs as referenced herein in an amount not to exceed
        $165,436.42 (Sewer System Fund) through the issuance of tax-exempt bonds.

7.      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.

        *75323 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

WHEREAS, the City Commission believes it to be in the best interests of the public
health, safety, and welfare to make improvements consisting of the Reconstruction of
Indian Mill Creek Sanitary Sewer in Tamarack Avenue, Public Easement (N.W.), and
Public Easement (N.W.) Erickson Court (Pvt.), and Remembrance Sanitary Lift Station
Improvements (hereinafter referred to as the “Project”) and has determined that the
Project constitutes a public purpose and a public use; and

WHEREAS, the property interests hereinafter described are needed for the location,
development, and construction of the Project; and

WHEREAS, the needed property interests are legally described as follows:

                              Parcel 41-13-09-426-013
                            2531 Westwinde Street, N.W.

        An easement located in part of the Northeast one-quarter of the
        Southeast one-quarter of Section 9, Town 7 North, Range 12 West,
        City of Grand Rapids, Kent County, Michigan, described as:
August 15, 2006                     CITY COMMISSION                                 559

          BEGINNING on the East-West one-quarter line at a point being North
          86°53'38" West 435.36 feet from the East one-quarter corner of said
          section; thence South 14°55'38" East 228.96 feet; thence North
          72°44'19" East 10.01 feet; thence South 14°55'38" East 287.05 feet;
          thence South 54°58'27" East 310.09 feet; thence South 52°12'58" East
          53.51 feet; thence South 00°20'02" East 38.02 feet along the East line
          of said Section 9; thence North 52°12'58" West 366.58 feet along the
          Northerly line of an existing underground utilities easement (as
          recorded in Liber 2062, Page 811); thence South 77°42'40" West
          212.65 feet; thence North 57°18'00" West 42.43 feet along the
          Northerly line of Elmridge Estates No. 6 (as recorded in Liber 92 of
          Plats, Pages 21 thru 23, Kent County Records); thence North 77°42'40"
          East 215.98 feet; thence North 14°55'38" West 514.38 feet along the
          Easterly line of aforesaid existing easement; thence South 86°53'38"
          East 15.77 feet along the East-West one-quarter line to the place of
          beginning. (26,059 square feet)

                  Owner:            Swift Realty
                                    404 Bridge Street, N.W.
                                    Grand Rapids, Michigan 49544

                                 Parcel 41-13-10-301-005
                                 2201 Sharp Drive, N.W.

          An easement located in part of Lot 16 of Hanson’s Supervisors Plat (as
          recorded in Liber 56 of Plats, Page 33, Kent County Records), Section
          10, Town 7 North, Range 12 West, City of Walker, Kent County,
          Michigan, described as: BEGINNING on the West line of said Section
          10 at a point being South 00°20'02" East 679.32 feet from the West
          one-quarter corner of said section; thence South 51°57'32" East 283.13
          feet; thence South 50°36'43" East 425.45 feet; thence South 51°32'52"
          East 286.21 feet; thence South 56°59'52" East 64.66 feet; thence North
          88°40'00" West 38.09 feet along the South line of said Lot 16; thence
          North 56°50'52" West 33.19 feet along the Northwesterly line of an
          existing underground utilities easement (as recorded in Liber 2058,
          Page 386, Kent County Records); thence North 51°32'52" West 287.09
          feet along said easement line; thence North 51°57'32" West 684.63 feet
          along said easement line; thence North 00°20'02" West 38.27 feet along
          the West line of said section to the place of beginning. (25,482 square
          feet)

                  Owner:            Bissell Homecare Inc
                                    2345 Walker Avenue, N.W.
                                    Grand Rapids, Michigan 49544
560                             CITY COMMISSION                       August 15, 2006

                            Parcel 41-13-10-376-002
                           2205 Walker Avenue, N.W.

      An easement located in part of Lot 6 of Hanson’s Supervisors Plat (as
      recorded in Liber 56 of Plats, Page 33, Kent County Records), Section
      10, Town 7 North, Range 12 West, City of Walker, Kent County,
      Michigan, described as: COMMENCING on the West one-quarter
      corner of said Section 10; thence South 00°20'02" East 831.58 feet
      along the West line of said section; thence South 57°18'00" East
      1941.77 feet parallel with the Southeasterly line of said plat to the
      Northerly line of said Lot 6 and the TRUE PLACE OF BEGINNING;
      thence North 60°42'39" East 61.24 feet along said Northerly line;
      thence South 03°02'48" East 97.33 feet; thence North 57°17'21" West
      36.97 feet along the Southeasterly line of said lot; thence North
      03°02'48" West 30.70 feet; thence North 57°18'00" West 30.72 feet to
      the place of beginning. (2,751 square feet)

              Owner:            Bissell Homecare Inc
                                2345 Walker Avenue, N.W.
                                Grand Rapids, Michigan 49544

                            Parcel 41-13-15-201-002
                           1972 Walker Avenue, N.W.

      An easement located in part of the Northeast one-quarter, Section 15,
      Town 7 North, Range 12 West, City of Grand Rapids, Kent County,
      Michigan, described as: COMMENCING at the North one-quarter
      corner of said Section 15; thence South 00°48'30" East 33.02 feet along
      the North-South one-quarter line of said section to a line 33.00 feet
      South of and parallel with the North line of said section; thence South
      88°56'28" East 33.08 feet along said line to the TRUE PLACE OF
      BEGINNING; thence South 88°56'28" East 31.43 feet; thence South
      83°17'37" West 25.58 feet; thence North 59°19'46" West 7.00 feet to
      the place of beginning. (54 square feet)

              Owner:            Kenneth & Kathleen Jackson Trust
                                5924 Barna Avenue
                                Titusville, Florida 32780-7016

                            Parcel 41-13-15-451-002
                           2142 Walker Avenue, N.W.

      An easement located in part of the West one-half of the Southeast one-
      quarter, Section 10, Town 7 North, Range 12 West, City of Walker,
      Kent County, Michigan, described as: COMMENCING at the South
August 15, 2006                      CITY COMMISSION                                  561

          one-quarter corner of said Section 10; thence South 88°56'28" East
          16.36 feet along the South line of said section to the East right of way
          line of Walker Avenue and the TRUE PLACE OF BEGINNING;
          thence Northerly 33.48 feet along said line on a 1186.16 foot radius
          curve to the left, the long chord of which bears North 01°21'33" West
          33.48 feet; thence South 59°45'38" East 37.73 feet; thence North
          83°17'37" East 90.28 feet to the South line of the former Pennsylvania
          Railroad; thence Easterly 162.49 feet along said line on a 1500.00 foot
          radius curve to the left, the chord of which bears South 80°57'47" East
          162.41 feet; thence South 84°03'59" East 27.12 feet along said line;
          thence South 83°17'37" West 17.79 feet to the South line of said
          section; thence North 88°56'28" West 291.21 feet to the place of
          beginning. (5,071 square feet)

                   Owner:            Kenneth & Kathleen Jackson Trust
                                     5924 Barna Avenue
                                     Titusville, Florida 32780-7016

                                 Parcel 41-13-14-102-002
                                1830 Bristol Avenue, N.W.

          An easement located in part of the West one-half of the Northwest one-
          quarter of Section 14, Town 7 North, Range 12 West, City of Walker,
          Kent County, Michigan, described as: COMMENCING at the
          Northwest corner of said Section 14; thence South 00°09'27" East
          204.53 feet along the West line of said section to the South line of the
          North 33.00 feet South of and adjacent to the South line of the former
          Pennsylvania Railroad; thence South 84°03'59" East 33.19 feet along
          said line to the East right of way line of Bristol Avenue and the PLACE
          OF BEGINNING; thence South 84°03'59" East 62.62 feet; thence
          South 06°47'15" West 9.13 feet; thence South 68°10'43" West 65.81
          feet to the East line of Bristol Avenue; thence North 00°09'27" West
          40.00 feet along said line to the place of beginning. (1,509 square feet)

                   Owner:            Edward Skurka
                                     1830 Bristol Avenue, N.W.
                                     Grand Rapids, Michigan 49504

                                 Parcel 41-13-14-126-001
                                 1406 Pannell Street, N.W.

          An easement located in part of the West one-quarter of the Northeast
          one-quarter of the Northwest one-quarter of Section 14, Town 7 North,
          Range 12 West, City of Walker, Kent County, Michigan, described as:
          COMMENCING at the Northwest corner of said Section 14; thence
562                                  CITY COMMISSION                      August 15, 2006

         South 85°51'25" East 1312.88 feet along the North line of said section
         to the Northwest corner of said Northeast one-quarter; thence South
         00°08'21" East 158.80 feet along the West line of said Northeast one-
         quarter to the PLACE OF BEGINNING; thence South 75°48'48" East
         62.07 feet to the North line of the former Pennsylvania Railroad right
         of way; thence Westerly 60.77 feet along said line on a 5754.58 foot
         radius curve to the left, the chord of which bears North 81°52'51" West
         60.77 feet to said West line; thence North 00°08'21" West 6.63 feet to
         the place of beginning. (196 square feet)

                  Owner:             Leonard G. Bergsma
                                     2159 Lamont Avenue, N.W.
                                     Grand Rapids, Michigan 49504

(hereinafter referred to as the “Property Interests”); and

WHEREAS, the City of Grand Rapids is a public corporation possessing the authority,
including, without limitation, that provided by the City Charter and the Home Rule
Cities Act, Act No. 279 of the Public Acts of Michigan of 1909, as amended, MCL
117.1 et seq., to acquire such property interests by eminent domain; and

WHEREAS, the Uniform Condemnation Procedures Act, Act No. 87 of the Public
Acts of Michigan of 1980, as amended, MCL 213.51 et seq., establishes certain
procedures for the taking of property by eminent domain; therefore

RESOLVED:

1.       That the location, development, installation, and construction of the Project
         are necessary to protect and enhance the public health, safety, and welfare and
         are within the scope of the powers of the City of Grand Rapids.

2.       That, in order to complete the Project, it is necessary to acquire the Property
         Interests.

3.       That the City Engineering Department and the City’s special legal counsel,
         Law, Weathers & Richardson, are authorized and directed to take any and all
         steps necessary to acquire the Property Interests either by a negotiated
         acquisition or by eminent domain including, without limitation, establishing
         the amount of estimated just compensation; making of good faith written
         offers; executing, completing, filing, and recording on behalf of the City
         warranty deeds, easement agreements, temporary grading/construction
         permits, declarations of taking, and other documents; filing of one or more
         complaints; engaging appraisers or other experts; determining whether to
         reserve or waive rights to bring federal or state environmental cost recovery
         claims; undertaking litigation; and entering into agreements in lieu of
         litigation.
August 15, 2006                      CITY COMMISSION                                 563

4.        That the City Engineering Department and the City’s special legal counsel,
          Law, Weathers & Richardson, shall establish the amounts of estimated just
          compensation and authorize payment to the appropriate parties of interest,
          which amounts shall be charged to Code No. 4490532-986-215903.

5.        That all resolutions or parts of resolutions are, to the extent of any conflict
          with this resolution, rescinded.

6.        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 the costs of the acquisition of the
          aforesaid Property Interests and other related costs through the issuance of
          tax-exempt bonds.

7.        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.

8.        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 acquisition of the aforesaid Property Interests.

        *75324 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

WHEREAS, it is necessary to approve a financing agreement between the City of
Grand Rapids and the City of Walker in connection with the feasibility study and
preliminary design engineering of watermain to serve the City of Walker, south of
O’Brien Road, hereinafter referred to as the “Project”; therefore

RESOLVED:

1.        That the aforesaid financing agreement be approved and that, upon approval
          by the City Attorney, the Mayor is hereby authorized to execute the aforesaid
          agreements on behalf of the City.

2.        That total expenditures be authorized in an amount not to exceed $100,000 to
          cover the costs for the Project. Said amount of $100,000 to be charged to
          Code No. 4390520-986-226601.

        *75325 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

WHEREAS, bids were received on July 25, 2006 for the following project:

     Construction of Sidewalk Ramps at Various Locations - Contract No. R-2006-1
564                                   CITY COMMISSION                        August 15, 2006

and Tristar Excavating, Inc. submitted a bid of $49,950 for which the Engineer's estimate
is $76,990; therefore

RESOLVED:

1.         That the bid of Tristar Excavating, Inc. be accepted and that, upon approval by
           the City Attorney, the Mayor be authorized to execute the contract documents
           for the aforesaid project on behalf of the City.

2.         That total expenditures be authorized for the aforesaid project be authorized in
           an amount not to exceed $100,000 which includes the construction contract,
           including additional work quantities to be accomplished at the unit bid prices
           for said contract, engineering/inspection, administration, testing, and
           contingencies. Said amount of $100,000 to be charged as follows: $100,000
           to Code No. 2260GCP401-986-22C772.

3.         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.

        *75326 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

WHEREAS, bids were received on July 25, 2006 for the following project:

     Construction of Sidewalk Ramps at Various Locations - Contract No. GR-2006-01

and In't Hout Concrete Construction, Inc. submitted a bid of $59,175 for which the
Engineer's estimate is $76,990; therefore

RESOLVED:

1.         That the bid of In't Hout Concrete Construction, Inc. be accepted and that,
           upon approval by the City Attorney, the Mayor be authorized to execute the
           contract documents for the aforesaid project on behalf of the City.

2.         That total expenditures be authorized for the aforesaid project be authorized in
           an amount not to exceed $76,000 which includes the construction contract,
           engineering/inspection, administration, testing, and contingencies. Said
           amount of $76,000 to be charged to Code No. 3570200605-818.

3.         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.
August 15, 2006                     CITY COMMISSION                                 565

        *75327 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

WHEREAS, on November 1, 2005 (Commission Proceeding No. 74352) the City
approved agreements with Walker Parking Consultants/Engineers, Inc. and Carl
Walker, Inc. and authorized expenditures in the amount of $300,000 for Other Parking
Related Services and $300,000 for Structural Consultant Services, all in connection
with Parking Ramp Inspection Program at Various Locations and Other Parking
Related and Structural Consultant Services, and subsequently authorized additional
expenditures for design/construction phase services, including inspection, for various
projects pursuant to the aforesaid agreements; and

WHEREAS, it is necessary to increase expenditures for services pursuant to the
aforesaid agreements; therefore

RESOLVED:

1.        That additional expenditures in connection with the aforesaid agreements for
          Other Parking Related Services, including administration, in the amount of
          $100,000 and for Structural Consultant Services, including administration, in
          an amount of $600,000 are hereby approved, which amounts will be charged
          to the appropriate project budgets for which these services are required.

2.        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 services.

        *75328 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:
WHEREAS, bids were received on July 25, 2006 for the following project:

                    Improvements to the Livingston Water Reservoir
                        (hereinafter referred to as the "Project")

and Rahm Industrial Services, Inc. (Rahm) submitted a bid of $1,226,317.30 for which
the Consultant's (URS Corporation) estimate is $1,237,492.46; and

WHEREAS, staff requested Rahm to review its bid, taking into consideration the bid
history of unit pricing of similar projects, which resulted in Rahm submitting an
amended bid in the amount of $1,100,946.30; therefore

RESOLVED:

1.        That the amended bid of Rahm Industrial Services, Inc. in the amount of
          $1,100,946.30 for the Project be accepted and that, upon approval by the City
          Attorney, the Mayor be authorized to execute the contract documents for the
          Project on behalf of the City.
566                                CITY COMMISSION                       August 15, 2006

2.      That total expenditures for the Project be authorized in an amount not to
        exceed $1,420,000.00, which includes the costs of the construction contract,
        construction engineering/inspection services by URS Corporation, URS
        Corporation's subconsultant services and reimbursable expenses, testing,
        administration, and contingencies. Said amount of $1,420,000.00 to be
        charged to Code No. 4390510-986-226549.

3.      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 Project.

        *75329 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED that the request from Melrose Pyrotechnics, Inc. for a Fireworks
Discharge Permit to be used in conjunction with Celebration on the Grand
on September 8, 2006, with a rain date of September 9, 2006, be approved contingent
upon a satisfactory demonstration for the Fire Department.

        *75330 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution under the Consent Agenda:

RESOLVED that the request from SMG on behalf of Fireworks and Stage FX
America, for a Fireworks Discharge Permit to be used in conjunction with the
Professional Bull Riders event that will take place on September 22 and 23, 2006, be
approved contingent upon a satisfactory demonstration for the Fire Department.

                                  RESOLUTIONS

          75331 Com. Tormala, supported by Com. Bliss, moved to suspend the rules
in order to consider the following resolution.
          Carried:           Yeas: -7          Nays: -0
          Com. Tormala, supported by Com. Bliss, moved adoption of the following
resolution:

Whereas, the City of Grand Rapids in all of its official policies and statements has
officially supported fighting racism, sexism, and any kind of bigotry in our community;
and

Whereas, the City of Grand Rapids wishes to provide leadership to erase the insidious
effects of racism and sexism and seeks to promote harmony among diverse citizens;
and

Whereas, the ethnic heritage, gender, and social background of every individual has
value and must not be diminished, ignored, or ridiculed; and
August 15, 2006                       CITY COMMISSION                               567

Whereas, government has a proactive responsibility to ensure equal treatment of all
citizens and to create an environment of respect and equal opportunity for all citizens;
and

Whereas, the character and economic strength of any community is ultimately defined
by its ability to include a diverse population; and

Whereas, the “so called” Michigan Civil Rights Initiative (MCRI) ballot proposal
would interfere, threaten, and eliminate many programs, policies, and strategies that
currently provide diversity in educational institutions and in the workplace; and

Whereas, the MCRI ballot proposal would be harmful to government, businesses, our
economy, and the State of Michigan as a whole; and

Whereas, the MCRI Ballot proposal is contrary to our Sustainability Plan and its triple
bottom line and inconsistent with our officially adopted Racial Justice Institute’s
Covenant for Racial Justice;

Resolved, that the Grand Rapids City Commission does hereby go on record as
adamantly opposing the misleading named Michigan Civil Rights Initiative, urge voters
to oppose its passage, and call upon the County of Kent and all cities and townships
throughout West Michigan to join us in opposing this ballot proposal that threatens the
equitable treatment of persons who live and work in our state.

          Adopted:         Yeas: -7          Nays: -0

          75332 Com. White, supported by Com. Bliss, moved to suspend the rules in
order to consider the following resolution.
          Carried:          Yeas: -7        Nays: -0
          Com. White, supported by Com. Bliss, moved adoption of the following
resolution:
          RESOLVED, that the City Attorney, on behalf of the City of Grand Rapids, is
authorized to compromise and settle the pending property damage claim of KEVIN and
SUSAN STONER, City of Grand Rapids Claim No. 06-0156, by payment of SIX
THOUSAND SIX HUNDRED SEVENTY AND 07/100 DOLLARS ($6,670.07) to the
above-named Kevin and Susan Stoner.
          FURTHER RESOLVED that the Comptroller be and is hereby authorized and
directed to issue a check to “Kevin and Susan Stoner” in said amount, consistent with
the settlement agreement and release.

          Adopted:         Yeas: -7          Nays: -0
568                                CITY COMMISSION                         August 15, 2006

        75333 Com. Schmidt, supported by Com. Bliss, moved adoption of the
following resolution:

WHEREAS, on August 10, 1999 (Commission Proceeding No. 66268) the City
approved a Street Improvement Agreement with Trinity Development of Michigan,
Inc. (Trinity) in connection with Improvements along Oakleigh Avenue (East Side) and
Richmond Street (North Side) adjacent to developments known as The Homes of
Oakleigh Woods and The Villas of Oakleigh Woods; and

WHEREAS, the aforesaid Street Improvement Agreement provides for Trinity to defer
certain street improvements, including sidewalk, until such time as the City
Commission determines the improvements should be made; and

WHEREAS, the City Commission now determines that it is necessary to proceed with
the installation of sidewalk along Richmond Street (North Side) from Oakleigh Avenue
to approximately 965 feet East, adjacent to the Villas of Oakleigh Woods; therefore

RESOLVED:

1.      That, pursuant to the aforesaid Street Improvement Agreement, the City
        Commission hereby determines that it is necessary to proceed with the
        installation of sidewalk along Richmond Street (North Side) from Oakleigh
        Avenue to approximately 965 feet East, adjacent to The Villas of Oakleigh
        Woods, and further, hereby requests Trinity Development of Michigan, Inc.,
        or its successors and assigns, to proceed with the installation of said sidewalk,
        and that the same be completed by February 15, 2007.

2.      That, pursuant to the aforesaid Street Improvement Agreement, the City
        Commission hereby requests Trinity Development of Michigan, Inc., or its
        successors and assigns, to retain the services of a professional engineer,
        approved by the City, to provide design engineering services for the
        installation of the aforesaid sidewalk, submit a plan for the same to the City
        for review/approval, and retain the services of a private contractor, licensed by
        the City, to construct said sidewalk. City staff will provide necessary
        construction staking and inspection services associated with the installation of
        said sidewalk.

3.      That all other provisions of the aforesaid Street Improvement Agreement
        remain in full force and effect.
August 15, 2006                    CITY COMMISSION                                569

                               PUBLIC HEARINGS

          75334 Pursuant to Commission File No. 75281, dated August 1, 2006, a
public hearing was scheduled to be held on this date to consider an application for an
Industrial Facilities Exemption Certificate, pursuant to Act 198, for Vi-Chem
Corporation, 55 Cottage Grove S.W.
          At the conclusion of said hearing, the Mayor declared the hearing closed and
referred the matter to the Committee of the Whole.

                               DOCUMENTS FILED

       75335 Communication submitted by six property owners in Oakleigh
Woods Condominiums opposing Sidewalk Project along Richmond Street.

          75336   Information submitted by Scott Atchison re: an Information Booth.

          Commission adjourned at 7:45 p.m.


                                              MARY THERESE HEGARTY
                                              City Clerk

				
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