City Commission Worksession Agenda 02-12-2007

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                                   City of Muskegon
                             City Commission Worksession
                                   February 12, 2007
                              City Commission Chambers
                                        5:30 PM


Present: Commissioners Spataro, Warmington, Wierengo, Davis, Gawron, and
Absent: Commissioner Carter

WMKG - TV38 Fenton L. Kelley's Request for Letter to Comcast
Commissioners discussed Mr. Kelley's request to send a letter to Comcast Cable
requesting the station to be placed on a lower channel.

Motion by Commissioner Spataro, seconded by Commissioner Wierengo to call
Comcast and state our concern and to follow the telephone call with a letter
including the viewing station.

                                                          MOTION PASSES

PUD's that Don't Fulfill their Obligations (Davis)
Commissioner Davis expressed frustration with PUD's not fulfilling their agreements.

Mayor Warmington directed staff to contact Jacobson's to express their disappointment
regarding the PUD and to seek advice from legal counsel.

Muskegon City Commission Goals
Commissioners discussed an action plan for each goal. Mayor Warmington suggested
that each commissioner review the goals and develop an action plan.

Commissioners will speak further regarding the goals at the Community Relations
Committee scheduled March 5, 2007.

Management Agreement for Fisherman's Landing
A proposed agreement for management of Fisherman's Landing was presented to the
Commission. Staff met with representatives on several occasions to work out details of
the agreement and to forge a stronger relationship with the group. Key provisions

Fisherman's Landing assumes responsibility for grass mowing and peak-season electric
Fisherman's Landing to provide financial repo1ts and meet periodically with staff.

Fisherman's Landing to submit for approval site plan of improvements and campground

Facility to move towards self-sufficiency and further relieve city of financial obligations.

It is also proposed to expand the number of campsites to 102.

Several Commissioners stated their support for the expansion of the Fisherman's

It is also requested that a resolution be adopted to designate the channel from Muskegon
Lake into Fisherman's Landing Launch & Campground as a ''No Wake Zone" and that it
be posted and enforced and buoys be placed into the channel itself.

Sewer Back Up Claim at 1301 Eastwood Drive
There were two sewer back-ups within a month of each other. The amount to settle the
claim is $14,736.39.

Motion by Commissioner Shepherd, seconded by Commissioner Spataro to
authorize the payment of $14,736.39.

                                                              ROLL CALL VOTE:

Ayes: Commissioners Shepherd, Spataro, Warmington, Wierengo, and Davis.
Nays: None.

                                                              MOTION PASSES

Commissioner Gawron absent during roll call.

Any Other Business:
Smokeless Beaches
A request was presented to designate the beaches as smoke free.

Cynthia Price, 1357 W. Summit, spoke in favor.

Donald Shampine, 12296 Lakeshore Drive, Grand Haven Township, spoke in favor.

Orville Crain, 530 E. Giles Road, Muskegon Township, spoke in favor.

Gail Law, 3085 ldlewild, spoke in favor.

Helen Sherman, 1347 Peck, spoke in favor.
Jamie Cross, Alliance for the Great Lakes, residence in Norton Shores, spoke in favor.

Discussion took place at great length among the commissioners. Enforcement was one of
the key topics.

City Manager, Bryon Mazade, was chosen to be the liaison between the committee and
commission. He will gather additional information regarding the subject.

Budget Transfers
Commissioner Spataro moved, Vice Mayor Gawron seconded, to approve the
following transfers in the General Fund:

                      Transfers In:
                      Sidewalk Fund          $150,000
                      Budget Stabilization   $150,000
                      Local Street           $100,000
                      Major Street           $200,000
                      Rehab Loan Escrow      $ 7,740
                      Transfer Out:
                      General Fund           $607,740

                                                            ROLL CALL VOTE:

Ayes: Commissioners Spataro, Warmington, Wierengo, Davis, Gawron, Shepherd.
Nays: None.

                                                            MOTION PASSES

Commissioner Spataro moved, Commissioner Shepherd seconded, to adjourn the
meeting at 7: 12 p.m.

                                                            MOTION PASSES

                                                    \   \

                                                    ~ 1 0 ~ \ ~'\(,V~-~    &JLc,
                                                            Ann Marie Becker, MMC
                                                                   City Clerk
                       CITY OF MUSKEGON

                       RESOLUTION 2007-13

WHEREAS, the City Commission met on February 12, 2007 at 5:30 p.m. at its
regular worksession and reviewed recommended budget transfers;

NOW, THEREFORE, BE IT RESOLVED that the City Commission approves
the following budget transfers:

                   Transfers In:
                   Sidewalk Fund          $150,000
                   Budget Stabilization   $150,000
                   Local Street           $100,000
                   Major Street           $200,000
                   Rehab Loan Escrow      $ 7,740
                   Transfer Out:
                   General Fund           $607,740

                                          CITY OF MUSKEGON

                                           ~ ' f\,, . . '') .                        \t-1,-,
                                          By"-..:\ l'"\.A, \ "-(AJvC\. \;:.:,.,('.,.,(,
                                                 Ann Marie Becker, MMC
                                                            City Clerk
                                                         , -•, I\j 4J
                                                       • Ii\       'l ,S'
                                                                      ,,    2007

      Mr. Bryan Mazade:

      Over 40 years ago Channel 13, now WZZM was licensed to broadcast in Muskegon.
      Within a year it moved to Grand Rapids, because it could not make it financially in the
      Muskegon market. Also, about 35 years ago Channel 54 was broadcasting from the
      Occidental Hotel. It lasted about two years here in Muskegon, and went broke.
      Sixteen years ago Channel 40 went on the air in Muskegon. After several fights with the
      cable company it was put on cable part time. It had to share a channel. Then it was pulled
      off and another fight was in progress. After several channel changes it was assigned
      channel 98. Something no one had ever heard of.
      On September 15th 2006, the channel was again moved. Now it was changed to Channel
      295. They called it digital basic. Something that was never heard of before. Channel 295
      is impossible for people to receive without a special digital box. This cut the cable TV
      audience to less than a third. In addition, we were put on the preview guide where no one
      can find our programming. Since this happened our revenue has been cut to twenty
      percent of what it was. We have had four sales people quit. One had been with us over
      three years. We had two shows that were with us over 12 years cancel. Both of these
      were locally produced. Several local churches have quit broadcasting because their older
      crowd can not afford the extra cost and many can not maneuver the digital box.
      Because of the switch to digital TV, the FCC will not license any television station for
      broadcasting in the next five to ten years. Everything and everybody must be digital
      before they begin the licensing period again.
      Unless we are moved to a lower basic channel number on cable we will be forced to
      discontinue broadcasting. This will be the last of Muskegon over the air broadcasting.
      People are being forced to get a digital box to receive us and a lot of people are refusing
      to get the box because of the cost and also because the senior citizens do not want to learn
      how to operate it. We believe this was a ploy to force people to rent the box and also to
      get as many boxes into people's homes as they could.
      What we are asking from you is that you send a letter to Comcast Cable requesting them
      to move us to a lower channel that does not require a special box before it is too late for
      us and the community.
      Communities that have TV broadcasting stations continue to grow. They can be seen and
      they can be heard.
      We are not just a cable channel but we are also an over the air channel. All of the
      broadcast channels in the area have been moved to their specific broadcasting number.

4237 Airline Rd.• Norton Shores, Michigan 49444 • Ph. (231) 733-4040 • Fax (231) 739-4329
      Channel 13 has been moved to number 13, channel 3 is on number 3, channel 8 is on
      number 8. We are broadcasting on 38 and would like to be moved to number 38.
      We are licensed to Muskegon, and we have not gone broke and we are not planning to go
      to the larger market of Grand Rapids, so please take the time to let Comcast Cable know
      how you feel about this channel change and hopefully they will do something about it.

      Fenton L.Kelley

4237 Airline Rd.• Norton Shores, Michigan 49444 • Ph. (231) 733-4040 • Fax (231) 739-4329
                                                                                              p. 1

                                 Digital Spectrum Enterprises
                                           (of West ,richigan)
                                        105 W. Sherman Blvd
                                        Muskegon, MI 49444
                                           (231) 733-9699

Dear City Commissioners:

In regard to the letter received by our areas five municipalities in which WMKG requests that each
area franchise become involved in the current dispute between \VMKG and Comcast Cable by
attempting to force Comcast to move WMKG to a lower channel location, DSE/TV97 wishes to
express the following concerns:

In 2000, the Federal Communications Commission (FCC), issued each "low power" television station
(including WMKG), an additional FCC license, one to remain traditionally analog and the other to be
converted to digital. At this time, each station was informed that by the year 2006, it would be
imperative for them to operate in a digital format as the traditional analog format would no longer be
transmitted. In 2006, however, the digital transmission deadline was extended two years.

As you will recall, DSE has had to fight its own battle with Comcast Cable. Most fortunately, thanks
to the intervention of the City of Muskegon, we were able to continue to air community programming,
being appointed by the City of Muskegon as the managing entity of its own government/community
access channel.

Though we fully understand what it is to have an organization which has taken years to build face
complete termination and sympathize with WMKG, our circumstances our very different. By
appointing DSE as the managing entity of its government access channel, the City of Muskegon was
simply exercising a right granted to them by their current Franchise Agreement with Comcast Cable.

WMKG, however, has known for seven years that if it wished to remain on the air, it would ultimately
be forced to operate in a digital format and should have attempted to take the necessary steps to make
this conversion possible.

The following statement is pure speculation on the part of DSE. It is our opinion that there are three
reasons why Comcast Cable chose not to include "'MKG in its primary station line-up. First, it is not
contractually obliged to do so. Second, WMKG is not a commercial channel and receives a lower
percentage of viewers. The third reason is that since WMKG has not taken the necessary steps to
convert its analog signal to digital format, and since Comcast is aware that as of2008-2009, if the
conversion has not taken place, the FCC will no longer allow \VMKG to broadcast at all, they were not
given a primary channel position.

As to the question of whether the existence ofWMKG has had a negative effect on the operation of
DSE/TV97, our answer would unfortunately have to be yes.

It is our opinion that if WMKG were to exercise ethical business practices, our two stations could both
operate most favorably, working together to build the Muskegon area through television, assisting one
another. However, since DSE discontinued purchasing air time from WMKG in 2002, we feel that the
actions of WMKG toward our non-profit organization have been deplorable.

On June 1 of 2005, DSE became contracted with the City of Muskegon to manage its government
access channel. Since that time, on numerous occasions, WMKG bas contacted Comcast Cable
directly, falsely accusing DSE of not following the noncommercial standards of a PEG (public,
educational, government) access station. WMKG has on at least one occasion recorded DSE
programs, which essentially in itself is a copyright violation, and fonvarded these recordings to
Comcast as evidence against DSE. DSE was never penalized by the FCC as the allegations by WMKG
proved to be unfounded.

On numerous occasions, DSE's undenvriting businesses have informed us that they have been
frequently approached by \Vl\1KG sales representatives who verbally bash DSE and attempt to
persuade the underwriting business to discontinue its support of the community station and begin
advertising with \VMKG.

DSE has always attempted to exercise ethical business practices in dealing with WMKG. If we know
that a business has been a regular advertiser with WMKG, we avoid approaching them for
underwriting support. We never speak negatively of either WMKG or Muskegon Community
Colleges Channel 98 in order to "Make a Sale".

Finally, and most disturbing to DSE, at least one non-profit organization that has wanted to be
featured regularly on DSE/fV programming, and is also featured on WMKG, has informed us that
they have been told by \VMKG that if they had any association with the City Channel, they would no
longer receive any air time from WMKG.

Thank you for your time. I hope that this letter is of some assistance to you. I do apologize for the
negativity it may convey.

Most Sincerely:
Ann Bratsburg, President
DS Enterprises
@omcast®                                                           Comcast Cable Communications, Inc.
                                                                   i 070 Trowbridge Road
                                                                   East Lansing, Ml 48823

 February 7, 2007

 Bryon Mazade, Manager
 City of Muskegon
 933 Terrace St.
 Muskegon, MI 49443

 Dear Mr. Mazade:

 As announced in a letter dated August 17, 2006, it was necessary to make changes to the
 channel line up on the cable system in the Muskegon area to enhance the value of
 services for our customers. The locations of certain channels were changed to achieve a
 theme-based line up to ease the navigation through sports, family, music, news and
 general entertainment channels. The changes also made possible the launch of ON
 DEMAND from Comcast.

 ON DEMAND from Comcast Digital Cable allows digital cable customers to select from
 hundreds of movies and other programs, in many cases, for no additional charge.
 Customers can rewind, fast forward and pause programs. They can also store selections
 for up to 24 hours from the time of ordering so they can watch programs whenever and
 however often they like.

 Recently, you may have received a letter from low-power television station WMKG
 regarding its position on the Comcast cable channel line up following the changes last
 September. Please be assured that these changes to channel line up were made in
 accordance with applicable federal law and contractual agreements. Please feel free to
 call me at (517) 333-6028 with any questions you may have.


 John P. Gardner
 Government Affairs Manager
 Comcast - Western Michigan Area

                                                                 FEB O 9 2007
                                                            CITY MANAGER'S OFFICE
                                 AGENDA ITEM N O . - - - - - ~

                          CITY COMMISSION MEETING February 13, 2007

TO:            Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:          February 7, 2007

RE:            2007 - 2008 City Commission Goals

To adopt the 2007 - 2008 City Commission goals.

None at this time.


To approve the attached Vision, Value and Mission statements and the 2007 - 2008 goals.

The City Commission determined these goals at their annual goal setting session on
January 26, 2007.






• Take Leadership Responsibility for Improving Race Relations and
  Diversity.       ·

• Foster Opportunities for City Youth.

• Promote Economic Stability, diverse Economic Growth, and

• Sustain the Natural, Cultural, and Recreational Resources of the

• Foster Strong Ties Among Governments & Community Agencies.

• Develop and Maintain City Infrastructure and Facilities.

• ~laintain and Enhance the Residential Neighborhoods of the City.


BLIGHT FIGHT (11) - To continue and consider improvements to the coordinated
effott of several City departments to address blighting influences throughout the City
and in targeted areas. * *

REGIONAL COOPERATION (8) - Consider ways to cooperate with other local
governments, including schools and the county, to provide the most cost-effective
municipal services.

FARMERS MARKET RELOCATION DECISION (7)- Consider the relocation of
the farmers market and come to a conclusion in 2007 about whether it will be

SMARTZONE STRATEGY (6) - Consider ways to spur development at this site.
This should include consider taking the remaining unsold properties, per the
development agreement between the City and Lakefront, LLC. **

SUSTAINABLE INFRASTRUCTURE (6) - Consider ways to maintain and fund
City infrastructure (200 miles of streets, water mains, sanitary sewer mains, storm
sewer mains). *

YOUTH RECREATION FACILITIES (3) - Consider sustainability of existing
facilities and any proposed facilities through the master planning process. Also
analyze the cost and benefit of the existing recreation programs and consider
partnerships or contracting with other agencies.

reduce costs and/or maximize service levels through functional consolidation
(internal or external) and reduction or modification of services. *

LAKESHORE PATHWAY (1) - Continue the expansion of the City's trail system,
especially linking it to the Musketawa Trail, Heritage Landing, Clara Shepherd Park,
and neighborhoods.

MARKETING/PUBLIC RELATIONS (1) - Consider the possibility of funding a
position or contracting for marketing and public relations services to better
communicate the virtues of the City and enhance the image of the City.

LEED BUILDING POLICY (1) - Consider policy for the construction or renovation
of LEED (Leadership in Energy and Environmental Design) certified buildings.

Note: The above is a description of the City Commission goals and is arranged in
order of priority. The highest priorities are listed by *.
 Date:         February 13, 2007

 To:         Honorable Mayor and City Commissioners

 From:           Finance Director

 RE:        Management Agreement - Fisherman's Landing

 SUMMARY OF REQUEST: Attached is a proposed agreement for management of
 Fisherman's Landing for the next seven years.           Staff has met with Fisherman's Landing
 representatives on several occasions to work out details of the agreement and to forge a stronger
 relationship with the group. Key provisions of the new agreement:

 •    Fisherman's Landing assumes responsibility for grass mowing and peak-season electric costs;

•     Fisherman's Landing to provide financial reports and meet periodically with staff;;

•     Fisherman's Landing to submit for approval site plan of improvements and campground

•     Facility to move towards self-sufficiency and further relieve city of financial obligations

Staff believes Fisherman's Landing, Inc. is in the best position to manage the facility and oversee it's
continued future growth. Both parties recognize the need to improve communications. The
agreement also contains a thirty-day termination clause.

FINANCIAL IMPACT: Estimated $10,000 cost savings to city by additional responsibilities
being taken on by Fisherman's Landing manager. Goal to make facility completely self-supporting.




O:\FIN ANCE\P AUL \My Documents\Agenda Item Fisherman'sLandingAgreement(0 1230 7).doc
                                              MANAGEMENT AGREEMENT

        This Agreement is made this 13th day of February, 2007, by and between the CITY OF
MUSKEGON, a Michigan municipal corporation, whose offices are located at 933 Terrace
Street, Muskegon, Michigan 49443-0536 ("City") and FISHERMAN'S LANDING, INC., a
Michigan nonprofit corporation, whose address is 501 E. Western Avenue, Muskegon, Michigan
49440 ("Manager"),


       A.      Fisherman's Landing (Giddings Street Launch Ramp) is a park within the park
system of the City, and is located at 501 E. Western Avenue.

       B.       Fisherman's Landing is designated to furnish camping and boating facilities to the
general public.

      C.      The City is authorized by the State of Michigan to own and operate Fisherman's
Landing and is authorized to delegate its operation to Manager.

       D.    Manager is willing on the terms and conditions hereinafter set forth to operate
Fisherman's Landing during the term of this agreement.

        E.      City, in consideration thereof, will assume and perform certain duties and obtain
certain benefits as hereafter itemized.


       1.      Covenants of Manager. Manager shall, during the term of this agreement on an
annual basis, do and perform the following:

                      (a)        Operate the campground facility in an efficient and competent manner for
                                 as many hours of the day as are necessary, and collect campground fees
                                 from the users. The fees collected shall be accounted for to the City and
                                 placed in the fund set forth below in paragraph !(d). The campground
                                 shall be open, at a minimum, from May I 5th to September 15 th on an
                                 annual basis.

                      (b)        Keep clean and maintain in an acceptable manner the restroom and shower
                                 facilities, fish cleaning station, shelter building and office building.

                      (c)        Maintain the grounds in an acceptable manner, including grass mowing
                                 and litter pick-up. Should the Manager's equipment be temporarily

O:IFINANC E\P AUL\My Docmnents\Agenda Item Fishennan'sLandingAgreement(0 12307).doc
                                inoperable, City agrees to mow the grounds on a temporary basis, not
                                exceeding fourteen days

                      (d)       Retain any excess of income over expenses derived from Manager's
                                operation of Fisherman's Landing in a separate fund which Manager shall
                                devote to assisting the City in the funding of capital improvements at
                                Fisherman's Landing, or other projects mutually agreed annually upon by
                                the parties.

                      (e)       Provide to the City on an annual basis, and no later than January 30, a
                                financial report for the previous calendar year showing all expenses
                                incurred and revenues received as a result of Manager's operation of
                                Fisherman's Landing. The report shall be prepared using QuickBooks
                                financial software, or a similar commercially-available financial software
                                product. Subject to City auditor review and approval, the report may be
                                prepared on an Excel spreadsheet which details itemized monthly revenue
                                and expenses.

                     (f)        Supply cleaning supplies and paper products as necessary for the
                                maintenance and operation of the restroom and shower facilities.

                     (g)        Secure any and all required licenses and permits for the operation of
                                Fisherman's Landing.

                     (h)        Provide City with reports of all fishing tournaments held at Fisherman's
                                Landing, providing as much detail as possible using current procedures.
                                Work to develop and implement procedures which would detail revenue
                                generated, number of participants, etc.

                     (i)       Reimburse the City for the full cost of electric service provided during the
                               months of May, June, July, August and September of each year.
                               Reimbursement shall be paid to the City no later than December 1 of each
                               year for services provided in that year. The City agrees to provide copies
                               of all utility bills for the facility to the manager on a monthly basis.

                     (j)       Provide to City staff no later than June 30, 2007 a site plan of capital
                               improvements for the site anticipated over the next five years. Said site
                               plan will be submitted to city staff and, if deemed necessary, to the City
                               Planning Commission for formal approval. Once site plan approval is
                               received, it shall not be necessary for Fisherman's Landing, Inc. to seek
                               separate City approval for improvements included in the plan.
                               Fisherman's Landing agrees that, at least annually, it will meet with City
                               staff to review the status and any proposed changes to the site plan.

      2.      Improvements. It is understood that any improvement made to the site will
become the property of the City

O:\F!NANCE\PAUL\MyDocumentslAgenda Item Fisherman'sLandingAgreement(0l2307).doc
        3.       Covenants of the City. City shall, at its own cost on an annual basis, during the
 term of this agreement, do and perfonn the following:

                      (a)       Maintain in an acceptable state of repair the launch ramp, launch ramp
                                docks, roadways, parking lots, signs, outdoor lighting in the non-
                                campground areas, playground, sprinklers in the non-campground area,
                                and all utilities.

                      (b)       Pay all utility bills for Fishennan's Landing.

                      (c)       Provide for the premises a dumpster for the collection of trash.

                     (d)        Supply 400 pennits at no charge. Manager will be supplied additional
                                pennits as needed and all revenue from any pennits sold after the initial
                                400 pennits shall be split evenly between the Manager and City. City
                                shall receive an itemized listing of all pennits sold.

                     (e)        Supply 4 portable bathrooms (1 being handicap-accessible) for
                                Fishennan's Landing.

                     (f)        Help identify state or federal grants that may be available for the facility
                                and work with the Fisherman's Landing Inc. to secure grant funding to
                                finance improvements at the facility.

        4.      Launch Ramp Permits. - The City and Manager agree to cooperatively develop
and implement cost-effective strategies for surveillance and enforcement of the City's launch
ramp permit requirements. Strategies to be considered include, but are not limited to, sharing of
costs for a park ranger position and/or sharing fine revenue generated at the Fishennan's Landing
site. Achieving this goal may require mutually agreed to modifications to the tenns and
processes outlined in this agreement. Such modifications may be made through a letter of
understanding signed by the City Manager and the Chairman of Fisherman's Landing Inc.

        5.      Facility to Become Self-Sufficient - The parties recognize that the City currently
pays utility and certain other costs (including those outlined above) necessary for operation of
the Fishennan's Landing facility. The parties agree that a shared goal is to achieve financial
self-sufficiency for Fisherman's Landing during the term of this agreement. Achieving this goal
may require mutually agreed to modifications to the tenns and processes outlined in this
agreement. Such modifications may be made through a letter of understanding signed by the
City Manager and the Chainnan of Fishennan's Landing Inc.

       6.     Term. Subject to the termination provision of this agreement, it shall commence
the 13 day of February, 2007, and terminate the 13th day of February, 2014. The parties may
mutually agree to renewals of this agreement, the tenns and provisions thereof to be negotiated.

O:\FlNANCE\PAUL\MyDocuments\Agenda ltem Fishennan'sLandingAgrecment(0l2307).doc
         7.      Insurance. The Manager shall, at its cost, procure and maintain during the term
 of this agreement the following insurance policies, naming the City as an additional insured, and
 maintaining policies which provide that the City shall receive at least thirty (30) days notice prior
 to cancellation:

                        (a)         Comprehensive general public liability insurance single limit in the
                                    minimum amount of $1,000,000.

                        (b)         Motor vehicle liability in the minimum amount of$1,000,000 (this
                                    insurance requirement shall not be effective until such time as Manager
                                    purchases a vehicle for use at Fisherman's Landing, or Manager obtains
                                    uses of City-owned vehicles.)

                        (c)         Worker's Compensation Insurance covering all persons deemed to be
                                    employees of Manager by law.

                        (d)        All policies of insurance shall be evidenced by certificates and shall be
                                   placed with insurance companies acceptable to the City and licensed to do
                                   business in the State of Michigan. Said insurance shall be kept in force
                                   and new certificates supplied for substituted or renewed insurance.

         8.      Compliance With Laws. Manager shall promptly comply with all ordinances of
the City of Muskegon and statutes of the State of Michigan with respect to the use of said
premises, any construction upon said premises, and further agrees to fully comply with all
regulations imposed upon the City by the State of Michigan's Department of Environmental
Quality insofar as such regulations pertain to any of the promises or undertakings of Manager set
forth in this agreement.

        9.      Termination. This agreement may be terminated by City or Manager upon
furnishing the non-terminating party written notice of termination not less than thirty (30) days
prior to the effective date of termination.

        10.     Notices. Any notice required to be given in writing under the provisions of this
agreement shall be deemed to be delivered if given personally to the party entitled to such notice
or if deposited in the U.S. mail to such party at the address set forth in the introduction of this
agreement with postage thereon fully prepaid.

        11.    Other Agreements. Manager and City acknowledge the existing of a
Development and Reimbursement Agreement dated                     , 200_, which remains in full
force and effect. Nothing in this Agreement is intended to alter the obligations of the parties in
the Development and Reimbursement Agreement. Other than the Development and
Reimbursement Agreement any other agreements between the parties shall be null and void.

           The parties have caused this agreement to be executed on the date first above written.

O:\F INANCEIP AUL \MyDocuments\Agcnda Item Fishemian 'sLandingAgreement{ 0 123 07). doc
                                                                                            CITY - CITY OF MUSKEGON

                                                                                            By _ _ _ _ _ _ _ _ _ _ __
                                                                                            Stephen J. Warmington, Mayor

                                                                                            Ann Becker, MMC, Clerk

                                                                                            MANAGER- FISHERMAN'S
                                                                                            LANDING, INC., a Michigan non-
                                                                                            profit corporation

                                                                                            By _ _ _ _ _ _ _ _ _ _ __


0: \FIN ANCE\P AUL\My Documents\Agenda Item Fishennan 's Lan dingAgreement(O 12 307). doc
                                                       501 East Western Avenue
                                                       Muskegon,MI 49440

                                                        Phone: (231) 726-6100

                                                       February 5, 2007

To Whom It May Concern:

This letter is a request for permission to proceed with expansion plans for Fisherman's Landing
Launch and Campground, in accordance with the submitted blueprint.

Fisherman's Landing is a boat launch and campground facility owned by the City of Muskegon,
and located on the southeast shore of Muskegon Lake. The "Landing" has been used as a launch
ramp since approximately the early 1970's (known at the time as Giddings Street Launch) and
eventually expanded to include a 14-site campground. Growth continued through the years,
achieving 39 campsites in the mid-1990's, and now includes 54 campsites, plus a group area for
up to 20 tents. Sadly, most campers prefer the amenities of water and electricity on their sites and
this "rustic" tent area usually sits vacant while dozens of potential campers are turned away.

In 2002, already feeling the pinch from too few campsites, an expansion plan was proposed and
designed. The area has since been surveyed and the plan redrawn by Westshore Consulting to
best incorporate current sites and roads while expanding to 102 usable campsites; most will be
usable by either tents w trailers. With the completion of the new restroom in 2005, it's now time
to proceed with the expansion project.

As managers of Fisherman's Landing, we respectfully request that the City grant approval for us
to proceed according to the submitted blueprint. We look forward to showing both campers and
boaters what a jewel we have here in Muskegon and, with your approval, this will happen.


                                                       1093 Esther Avenue
                                                       Muskegon Ml 49441
                                             -------· -----------
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                                                         501 East Western Avenue
                                                         Muskegon,MI 49440
               anding, Inc.                              Phone: (231) 726-6100

                                                         February 6, 2007

To Whom It May Concern:

This letter is a request for resolution that the channel from Muskegon Lake into Fisherman's
Landing Launch & Campground be designated as a "No Wake Zone" and that it be posted and
enforced accordingly.

Fisherman's Landing experiences several instances each year that cause physical damage to
docks, shoreline, boats and equipment. Damages have included broken downriggers, bow rails
and dock damage, and even one instance where a child was nearly thrown from the dock by a
boater blasting through the channel at full throttle. On investigation, most boaters claim they
were unaware of common boating courtesy that declares channels to be no wake zones and had
not seen any signs stating such.

Though both sides of this channel have al ways been posted as no wake zones, Gary Berdinski, in
charge of Muskegon's Marine Patrol, states that boaters tend not to see signs on shore, and
recommends that "No Wake Zone" buoys be placed into the channel itself. According to the
DNR, which has sole authority to allow placement of such buoys in the waterway, this is a
simple thing to request and implement, but requires a resolution that it is the City's intent that the
Fisherman's Landing channel be treated as a "No Wake Zone."

As managers of Fisherman's Landing, we request that the City implement a resolution
designating the Fisherman's Landing channel as a "No Wake Zone," both to protect City and
guest property, and to avoid accidents which could cause serious personal injury to patrons.

•                         Regulatory Buoys • X-Tra Heavy Duty
                 Super-tough regulatory buoy. Designed for problem areas where buoys

                                 are subject to abuse and vandalism.

                                                                                 HOPE* Type - 9" Dia.
                          -_i_.~~1?                 3' orange reflaclive band
                                                                                 Model B961R
                                                    3" black letters {2 sides)   Features
        36" expo•
                                                                                 • 9" dia. white super-tough HDPE shell.
        sure with 5                                 Orange symbol (2 sides)
                                                                                   Ultraviolet Inhibited.
        lbs. anchor                                                              • Shatter-proof -      will not crack, chip, peel or rust.
                                                                                 • Completely urethane foam filled. Virtually unsinkable.
61 •
                                                                                 • 3"-wide reflective band at top provides excellent night
                                                    2" orange band

            j                                                                      visibility.
                                                                                 • Self-righting without tackle.
                                                                                 • Recessed cap allows buoy to stand upright.
                                                                                 • Heavy steel galvanized anchoring eye cast in an
                                                                                   internal concrete ballast.
                                                    Umthane foam                 • Inland waterway marking symbols with standard

                                    .,.-,;:         Concrete ballasl              messages Included .
                          .,:f,Jfllt1i.,~1                                       • Includes choice of standard symbols and messages .
                      . :,.o.,,n~:,.,
                      •       ,I.   ,I.   ,I.       PVC pipe lhru
                          ••                    •
                      ••                            1• 1. D. steel moonng aye    Available Options
                                                                                 • Pickup eye built into top.
When ordering, specify symbols and messages                                      • Stainless steel anchoring eye for salt water
desired (see bottom of page 1).                                                    applications.
Submerged buoyancy                      84 lbs.                                  • Agency or name identification.
Net weight                              49 lbs.                                  • Special non-standard messages.
Shipping weight                         56 lbs.                                  • Solar light (see page 11 ).
Refer to installation suggestions on page 21.
NOTE: Special procedures must be followed when
reconditioning HDPE type buoys.
See warranty information on inside back cover.
'HDPE = High-Density Polyethylene

         ··               ·         · · · ·. Non-functional-for' educational use only.


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