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City of Muskegon
City Commission Worksession
June 11, 2007
City Commission Chambers
5:30 PM
AGENDA
I. Smoke Free Beach
2. Consumer Site - Chris Witham
3. Vehicles for Hire Ordinance - City Clerk
4. Musketawa Trail
5. Sewer Rate Adjustment - Finance
6. Engineering Services Agreement with F\eis & Vandenbrink l,,r Sherman and
Henry Intersection and Sidewalk - Engineering
7. Site Assessment Grant Administration Contract - Planning
8. Blue Lake Township Request - City Manager
9. Central Fire Station Sale - City Manager
I 0. Animal Control Ordinance - Commissioner Spataro
11. City Maps - City Clerk
12. PUD Enforcement Status - Commissioner Davis
13. Renaissance Place Update - Commissioner Davis
14. Any Other Business
15. Closed Session - City Manager's Evaluation
16. Adjournment
City of Muskegon
City Commission Worksession
June 11, 2007
City Commission Chambers
5:30 PM
MINUTES
Present: Commissioners Warmington, Davis, Gawron, Shepherd, Spataro, Wierengo,
and Carter.
Absent: None.
2007-46
Vehicles for Hire Ordinance - City Clerk
The commission indicated taxicab companies need to provide proof of a background
checks for all drivers.
Port City Taxicab stated they have approached the County and will work on a county-
wide licensing requirement.
The City will continue to license drivers and issue a business license to taxicab
companies for one year. The issue will be revisited in one year.
Consumer Site - Chris Witham, City of North Muskegon Mayor
Chris Witham, Mayor of North Muskegon, asked the Commission to consider developing
a soccer field on the consumer site located on the causeway.
The Commission authorized Bryon Mazade to conduct meetings with the City Manager
of North Muskegon to consider the issue.
Smoke Free Beach
Motion by Commissioner Spataro, seconded by Commissioner Shepherd, to
designate the area between the bath house, breakwater, and sidewalk at Pere
Marquette as a non-smoking area and designate the remainder of the beach as a
smoking area; and to authorize the rental of a machine to clean the beach.
ROLL VOTE:
Ayes: Gawron, Shepherd, Spataro, Wierengo, Carter, and Davis
Nays: Warmington
MOTION PASSES
Sewer Rate Adjustment - Finance
Tim Paul, Finance Director, explained that the sewer fund has an unexpected surge in
usage in the last two year. A 15% rate increase is recommended to stabilize the sewer
fund. The Commission will consider the request at its commission meeting.
Central Fire Station Sale - City Manager
There is a prospective buyer for the fire station. The buyer has asked for an additional 90
days to calculate construction costs. An additional 90 days will be granted but
prospective proposals will be considered during the timeframe.
Animal Control Ordinance - Commissioner Spataro
Karen Palmer, 914 Emerson, is requesting that the current Animal Control Ordinance be
amended to take exception to service animals and animal trainers.
The City Attorney will review the request and make a recommendation to the City
Commission.
Musketawa Trail
Mohammad Al Shatel, City Engineer, recommended that phase one of the Musketawa
Trail be completed first. The commission agreed.
Engineering Services Agreement with Fleis & Vandenbrink for Sherman and Henry
Intersection and Sidewalk - Engineering
The Commission authorized an agreement with Fleis & Vandenbrink.
Site Assessment Grant Administration Contract - Planning
The Planning Department is requesting approval of a contract with Couture
Environmental Strategies LLC for continued administration of the Brownfield Grant in
an amount not to exceed $27,000.
The Commission will consider the request at its commission meeting.
Blue Lake Township Request- City Manager
Commissioners Warmington, Gawron, Spataro, Wierengo, Carter, and Davis authorized
$100 from each of their travel budgets for a total of $600 to go toward Blue Lake
Township legal fees, which is defending its zoning rights, and authorized a resolution of
support to the township.
City Maps - City Clerk
The Commission approved Map Group, Inc. to print I 0,000 City maps at no cost to the
City and authorized the Mayor to sign a letter of support which will be mailed to local
business owners.
PUD Enforcement Status - Commissioner Davis
There are no updates at this time.
Renaissance Place Update - Commissioner Davis
There are no updates at this time.
2007-47
Closed Session - City Manager's Evaluation
Motion by Commissioner Spataro, seconded by Vice Mayor Gawron, to go into
closed session to discuss the City Manager's evaluation.
ROLL VOTE:
Ayes: Warmington, Wierengo, Davis, Gawron, Shepherd, and Spataro.
Nays: None
Absent: Carter
MOTION PASSES
Motion by Commissioner Davis, seconded by Commissioner Wierengo, to go into
open session.
MOTION PASSES
Adjournment
Motion by Commissioner Shepherd, seconded by Commissioner Spataro to adjourn
at 8:30 p.m.
MOTION PASSES
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Ann Marie Becker, MMC
City Clerk
FROM :WAKEFIELD LEASING CORP FAX NO. :2317372526 Jun. 04 2007 12:43PM P2
Port City Cab: Muokogon, Grand Rllpldo
Yellow Cab: Muskegon
170 W. Sherman Blvd.
Muekegon,MI 49441
231-722-2150
12-45 8. Division Ave.
Grand Rapid• Ml 49507
816-243-5314
June 4, 2007
Muskegon City Clerk's Office
Dear Ms. Becker, City Clerk,
This is to request a time allotment and the equipment to be available for the work
Session meeting on June 11,2007. As we discussed previously at the City Commission
Meeting May 22,2007, on behalf of our Corporation I would like to show a brief
approx. 10 minute DVD. The title is "Fair Taxicab Regulation At Work". It was
produced and endorsed by the Taxicab Limousine and Paratransit Association.
As we have stated in our letter and at the City Commission Meeting we Do Want
Taxicabs to be regulated by the City of Muskegon as they have been for the last 57
Plus years that our business has been in operation.
Please let me know. My office 231-722-2150 My cell 231-343-4383.
Thank you,
Jtvs~~c:zJ .
Brenda Wakefield ~
Date: May 22, 2007
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Ordinance Amendment - Vehicles for Hire
SUMMARY OF REQUEST: To repeal Chapter 102 of the Muskegon
Code of Ordinances concerning Vehicles for Hire.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Commission recommended
approval at the May ih Worksession.
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Sections 102-201 through 102-260 of Chapter 102 of the Code of Ordinances of the City of
Muskegon concerning Vehicles for Hire are hereby repealed in their entirety.
This ordinance adopted:
Ayes: - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Nays: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: - - - - - - - - - - - -
Effective Date: - - - - - - - - - - - -
First Reading:
Second Reading:
-----------
CITY OF MUSKEGON
By _ _ _~ - - - - - - - - -
Ann Marie Becker, MMC
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ___ day of _ _ _ _ _ _ _~ 2007, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED:-----~ 2007
Ann Marie Becker
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
C:\Documents and Settings\becker\Local Settings\Temporary Internet Files\OLK9\Dl6528-0rdinancc Amendment re Taxis.DOC
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALLPERSONSINTERESTED
Please take notice that on _ _ _ _ _ _ _ _ _, 2007, the City Commission of the
City of Muskegon adopted an ordinance repealing in their entirety Sections 102-201 through
I 02-260 of Chapter I 02 of the Code of Ordinances of the City of Muskegon concerning Vehicles
for Hire.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (I 0) days from the date of this publication.
CITY OF MUSKEGON
Published: _ _ _ _ _ _ _ , 2007 By_ _ _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, Its Clerk
----------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PAS SAGE
C:\Documents and Settings\becker\Local Scttings\Temporary lntemet Files\OLK9\Dl6528-0rdinance Amendment re Taxis.DOC
Date: June 12, 2007
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Sewer Rate Adjustment
SUMMARY OF REQUEST: The City last adjusted sewer rates (a 16% increase)
on January 1, 2006 in response to County fee adjustments triggered by changes at
Sappi and by new indebtedness taken on to finance system improvements.
However, actual 2006 financial results for the sewer fund indicate the increase was
inadequate (see attached). In addition to the County fee increases, the sewer fund
has been hit with an unexpected (and unexplained) surge in usage in the last two
years:
12-Month Period Usage (MG) % Increase
May 2006 - April 2007 2027 8%
May 2005 - April 2006 1869 11%
May 2004 - April 2005 1682 -
The increased usage is hard to understand in light of plant closings (e.g. Brunswick,
Bekaert) and in light of the fact that flows for other communities are stable or falling
(see attached graph). Staff is in discussion with the County on possible metering
issues, but at this point a further 15% rate increase is needed to stabilize sewer fund
finances.
FINANCIAL IMPACT: The sewer rate adjustments will generate an estimated
$710,000 additional annualized revenue for the city's sewer fund.
BUDGET ACTION REQUIRED: None at this time. If the rate increase is
approved, it will be incorporated into the second quarter budget reforecast together
with the higher anticipated county treatment costs.
STAFF RECOMMENDATION: Adoption of the attached fee adjustment
resolution.
COMMITTEE RECOMMENDATION: None
CITY OF MUSKEGON
RESOLUTION NO.-----
At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission
Chambers on June 12, 2007.
RECITALS
A review of the rates for sewer service has been accomplished by the City's staff,
recommendations received, and the City Commission has determined that the following rate
changes are justified. Accordingly, this resolution is made for the purpose of maintaining the
financial viability of the City's sewer system.
THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:
1. Charges for residential sewer service shall be changed from $1.53 per 100 cubic feet to $1.76
per 100 cubic feet;
2. Charges for commercial/industrial sewer service shall be changed from $1.93 per 100 cubic
feet to $2.22 per 100 cubic feet;
3. Charges for all non-metered residential sewer customers will be calculated based on an
assumed usage rate of 35 hundred cu. ft. per quarter.
4. Unless there is a separate agreement specifying a different billing method, non-resident users
of the city sewer system will be billed at a rate that is double (2x) the city rate for that class of
user.
The above changes to be effective July 1, 2007.
This resolution adopted.
YEAS:
NAYS:
2
CITY OF MUSKEGON
By'
STATE OF MICHIGAN COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on the 12th day
of June, 2007 and that the minutes of the meeting are on file in the office of the City Clerk and are
available to the public. Public notice of the meeting was given pursuant to an in compliance with
Act 267, Public Acts of Michigan, 1976.
3
5130/2007
SEWER FUND
2004 2005 2006 2007 2008
INCOME STATEMENT DATA:
15% Rate Increase Eff 7/1/07
OPERATING REVENUES
Charges for services $ 4,032,673 !_$ 4,076,128 $ 4,730,147 16.045%\ $ 5,084,908 $ 5,439,669
Other revenues 50,918 73,059 73,548 73,548 73,548
4,083,591 4,149,187 4,803,695 5,158,456 5,513,217
OPERATING EXPENSES
Operating and administrative 402,634 ·--·---------·
294,000 - - - - - 393,064
,------ ---------i
400,000 400,000
Wastewater treatment 2,599,280 2,829,404 3,871,293 36.824%, 3,900,000 3,900,000
Filtration plant operation
Water distribution
Bad debts 37,025 4,715 5,939 5,939 5,939
Depredation 662,976 740,898 653,028 653,028 653,028
3,701,915 3,869,017 4,923,324 4,958,967 4,958,967
Operating profit (loss) 381,676 280,170 (119,629) 199,489 554,250
OTHER (INCOME) OR DEDUCTIONS
Interest income 12,821 32,928 39,199 39,199 39,199
Gain on sale of fixed assets
State grant 297,925
Interest expense (110,520) (114,388) (63,233) (63,233) (63,233)
200,226 (81,460) (24,034) (24,034) (24,034)
Income (loss) before
operating transfers and extraordinary loss 581,902 198,710 (143,663) 175,455 530,216
Operating transfers in (out) 47,796 35,063 107,356 107,356 107,356
Net income (loss) before extraordinary loss 629,698 233,773 (36,307) 282,811 637,572
Extraordinary loss/claim
NET INCOME (LOSS) 629,698 233,773 (36,307) 282,811 637,572
Net assets at January 1 13,623,093 14,252,791 14,486,564 14,450,257 14,733,068
Equity transfer in (out)
Net assets at December 31 $ 14,252,791 $ 14,486,564 $ 14,450,257 $ 14,733,068 $ 15,370,640
Typical Monthly Sewer Bill
Ranked from Lowest (1) to Highest (6)
Residential Customers • 7,500 Gallons Usage Per Month
Other
Usage Chg per Sewer
Community Rate Month Bill Rank
1 Norton Shores 1.31 3.83 16.96
2 Muskegon (Current Rate) 1.53 2.67 17.97 2
3 North Muskegon 1.23 5.83 18.13 3
4 Muskegon Heights 0.80 11.08 19.11 4
5 Muskegon (Proposed Rate Effective 7/1/07) 1.76 2.67 20.27 5
6 Roosevelt Park 1.96 29.86 49.51 6
Average $ 23.66
Median $ 18.62
Notes: Assumes 7,500 gallons (or 1,000 cubic feet) monthly usage and a 5/8" (or nearest equivalent) meter size.
Usage rate is per 100 cubic feet.
Other charges are for fixed charges such as debt service and/or administrative charges regardless of usage.
Typical Monthly Sewer Bill
Ranked from Lowest (1) to Highest (6)
Residential Customers -15,000 Gallons Usage Per Month
Other
Usage Chg per Sewer
Community Rate Month Bill Rank
Muskegon Heights 0.80 11.08 27.13
2 Norton Shores 1.31 3.83 30.08 2
3 North Muskegon 1.23 5.83 30.43 3
4 Muskegon (Current Rate) 1.53 2.67 33.27 4
5 Muskegon (Proposed Rate Effective 7/1/07) 1.76 2.67 37.87 5
6 Roosevelt Park 1.96 29.86 69.16 6
Average $ 37.99
Median $ 31.85
Notes: Assumes 15,000 gallons {or 2,000 cubic feet) monthly usage and a 5/8" (or nearest equivalent) meter size.
Usage rate is per 100 cubic feet.
Other charges are for fixed charges such as debt service and/or administrative charges regardless of usage.
Source: Local area survey conducted by City of Muskegon as of May 2007.
Sewer Flows by City
250
200
-
.c:
C:
0
~
... 150
G)
a.
ti)
C:
0
n,
(!)
C:
100
0
~
50
Apr-04 Jul-04 Oct-04 Jan-05 Apr-05 Jul-05 Oct-05 Jan-06 Apr-06 Jul-06 Oct-06 Jan-07 Apr-07
-+- Norton Shores --.- Muskegon Twp Muskegon Hts ~ Roosevelt Park ~ Muskegon CitU
AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Engineering Department
DATE: June 6, 2007
RE: Engineering Services Agreement with Fleis & Vandenbrinks for
Sherman & Henry Intersection & Sidewalk
SUMMARY OF REQUEST:
Authorize staff to enter into an engineering service agreement with Fleis & Vandenbrink to
modify plans, specification and engineer's estimate along with design of a sidewalk along the
north side of Sherman between Barclay & Henry. The services to be provided consist of
modifying the plans to meet Michigan Department of Transportation's (MDOT) guidelines since
we were fortunate to receive not only federal funds, but if we were to get those plans in to
MDOT soon, we have been approved for the state money to offset the local match. The total
not-to-exceed fee is $11,900.
Fleis and Vandenbrink had the lowest proposed fee of two proposals received. One other
consultant declined to submit a proposal.
FINANCIAL IMPACT:
The cost to the city is limited to the engineering cost for the modifications of the plans of
$11,900, plus construction engineering of 10%. The total estimated cost of the project is
$270,000, of which $216,000 is from an approved federal grant and the remaining $54,000 is
from the state's "Jobs Today Program."
BUDGET ACTION REQUIRED:
None at this time, however, the second budget forecast would have to be revised to address the
modification cost of $11,000.
STAFF RECOMMENDATION
Authorize staff to enter into an Engineering Services Agreement with Fleis & Vandenbrink.
COMMITTEE RECOMMENDATION:
None.
pb\A.GENDA- ENGNRNG SRVCS AGRMNT FLEIS & VANDENBRINK, SHERMAN & HENRY 060607
Page 1 of2
Potter, Linda
From: Mazade, Bryon
Sent: Thursday, May 31, 2007 2:53 PM
To: Carter, Chris (work); Shepherd, Clara; Gawron, Stephen; Davis, Kevin(Home); Larry Spataro; Warmington, Steve
(home); Wierenga, Sue (home)
Subject: FW: Animal Ordinance Change
FYI
From: Karen Palmer, Balanced Canine Training [mailto:[email protected]]
Sent: Thursday, May 31, 2007 11:41 AM
To: Mazade, Bryon
Subject: Animal Ordinance Change
Dear Mr. Mazade,
As a resident and business owner in Muskegon, as a dog owner and professional trainer, I was surprised and very
concerned to read in the Muskegon Chronicle of the changes made to the City animal control laws.
As a professional member of the International Association of Canine Professionals, I serve as chairperson of the
Canine Legislation Committee. I am made aware of legislation which affects dog owners worldwide on a daily basis. I
was also fortunate to have a hand in editing the Muskegon County ordinance just prior to its acceptance recently.
Therefore, I was also disappointed that I was not aware that the commissioners were reviewing this change, as I would
have been involved if at all possible.
When I read the Muskegon county animal and vector control ordinance draft, I requested that a change be made to the
restraint aspect of the law, and was granted this phrase: "a leash or lead of adequate length for training or exercise."
This is found in Article 6, Section 60 I:
"- Dogs Running Stray. A person who owns or has care custody or control
of a dog shall prevent the dog from running at large. A person who owns or has care custody or control of a
dog shall, at any time the dog is off that person's property, restrain the dog with a lead or leash of adequate
length for training or exercise."
This allows for many normal aspects of routine care and training for dogs. It allows me to train my dogs on a
lead or line longer than 6 ft., a MUST for proper obedience training. This is absolutely a routine and regular
aspect of professional dog training, and ensures reliability, safety, and security in a well-trained dog. In
addition, it allows owners to train, exercise, and perform with their dogs in retrieving, tracking, agility,
schutzhund, hunting, etc., and allows owners to exercise their dogs on a very common and socially
accepted tool, the retractable leash. The latter I do not personally use myself nor do I promote others to use
as an exercise or training tool; however, it must be recognized as a commonplace tool for the exercising in
dogs. In June, it will be illegal to use this tool, yet thousands of dog owners will not be aware of the change
and will still use them.
According to the Muskegon Chronicle, the major reason that the city ordinance was changed was due to an
excess of fecal matter behind left behind by irresponsible dog owners in public places. I agree that this is a
problem; however, this is addressed in the city law under Sec.6-13: (a) It shall be unlawful for any person to
appear with any animal on public property or the private property of another, unless that person has in his
possession an appropriate device for the removal of animal excrement.
6/7/2007
Page 2 of2
(b) It shall be unlawful for any person to allow any animal to leave its excrement on any public property, or
upon the private property of another, unless the excrement is promptly and thoroughly removed from the
property by the use of a removal device ... "
The city has decided not to fund law enforcement adequately to enforce the law as it stands, but has instead
decided to pass another law, which it also cannot effectively enforce to solve the problem. However, it does
pose a terrific problem for me as a responsible dog owner and a canine professional.
If the problem of fecal matter was the prompt for limiting the leash length of dogs, I fail to see how the
problem is going to be solved. I do, however, see a trememdous problem with the leash length being limited
to 6 feet.
I currently train and exercise my dogs frequently in public parks. Besides the benefits of space and
distractions that the various locations offer, I also have the opportunity to present well-trained and fit dogs to
the public, and occasionally use the opportunity to educate city residents. I regularly bring disposal bags with
me and remove excrement whenever necessary. I train my dogs on 15 foot longe lines and on longer lines
for reliabilty amongst distracting conditions, and exercise and train them in secure confined areas off-lead.
How can I continue to do this when this law comes into effect? Would you allow me to be ticketed for
attempting to provide adequate exercise and training for my dogs as a responsible dog owner?
I must also inform all of my clients and students of the Muskegon laws, and I will need to ask them to sign a
document stating that they understand the risk they pose, legally, if they choose to perform their dog's
training within the city limits.
This does not promote responsible dog ownership in the city of Muskegon, nor will it solve the fecal matter
issue. However, it does pose a threat to responsible dog ownership by limiting the legal rights of those who
wish to perform routine and necessary exercise and training with their dogs. As such, it is also a threat to the
manner in which I do business within the city limits. This greatly concerns me as a responsible dog owner
and as a professional trainer and business owner.
I respectfully ask that you please consider these concerns, and please consider changing this law to read
the same as the county law, or provide some other measure for responsible dog owners to exercise, train,
and perform with their dogs in the city of Muskegon.
Thank you very much for your time and consideration.
Respectfully,
Karen Palmer
Balanced Canine Training
www.BalancedCanineTxaini_ng.com
231-343-1142
6/7/2007
TO: Muskegon City Commission Members
SUBJECT: Animal Control Ordinance
DATE: June 11, 2007
The city of Muskegon has, in an effort to increase the safety of the public and to increase animal fecal matter collection
and removal in public places, recently deemed it necessary to make a change to the Animal Control Ordinance to restrict
animals to leashes of 6 feet or less.
This resident of the city of Muskegon has discovered that the Ordinance change inadvertently legally restricts the routine
training and duty of service dogs (including police, search and rescue, and dogs serving the disabled), dogs in training for
reliability, and dogs being trained for or actively participating in performance events or competitions within the city limits.
Such responsible dog owners and handlers may not be frequently ticketed by law enforcement officers, but may
technically face legal ramifications as a result of their activities.
In recognition of the intention of the city of Muskegon to promote responsible dog ownership while protecting its citizens
as well as the rights and duties of dogs in service to its citizens, this resident feels that an amendment to the Ordinance
would resolve the potential for legal ramifications for those persons and their dogs.
PROPOSAL:
Amend the following to Section 6-5. "Owner responsibility." to read:
"(a) All dogs and cats shall be kept under restraint, except for a service animal actively engaged in performing its
duty or a dog actively engaged in training or performance event or competition. Dogs or cats shall not be
permitted to be at large in the city."
This change allows for handlers of service animals, professional animal trainers, and responsible dog owners to be
permitted to train, actively perform their duties, and perform during recognized public events and competitions within
public places, as otherwise deemed acceptable and appropriate.
In addition, it allows for the public to be made aware of the inherent rewards of responsible ownership and training of
animals, to have goals for the training and activities of their animals, and to be encouraged to train for high levels of
reliability and become more responsible with their own animals. In turn, it promotes the socialization and training of dogs,
which greatly reduces the risk to public safety, as well as other aspects of responsible dog ownership, including the
collection and removal of fecal matter from public places.
Respectfully,
~ ~t;'Y,-<-
Karen Palmer
914 Emerson Ave.
Muskegon, Ml49442
231-343-1142
www.BalancedCanineTrain inq.com
Certified Professional Dog Trainer
Professional Member, International Association of Canine Professionals
Member, Muskegon Lakeshore Obedience Training Club
Page 1 of I
Potter, Linda
From: Potter, Linda
Sent: Wednesday, June 06, 2007 2:48 PM
To: Mazade, Bryon; Commission All; Kuhn, Bob; Becker, Ann
Subject: FW: Dog Beach
From: Leitch, Carol [mailto:[email protected]]
Sent: Wednesday, June 06, 2007 12:55 PM
To: Potter, Linda
Subject: Dog Beach
To whomever makes decisions about the dog beach:
The past few years have been the best in my dog's (and my!) life, due to the wonderful stretch of beach that has been laid out for
our enjoyment. She loves to run and play and get big drinks of water out of the big lake. So, imagine my disapointment upon
hearing that all dogs will have to be leashed from now on. Beside the dog park in Grand Rapids, this has been the only place
where I can relax and let her run, knowing she won't be hit by a car. I wonder if this new decision was made because people
without dogs were complaining. If so, there is so much lakefront area for them to enjoy beside this! Please, I beg of you, consider
reversing this decision and let the dogs continue to run happy and free!
Sincerely,
Carol Leitch
6/6/2007
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. 2222
THE CITY OF MUSK.EGON HEREBY ORDAINS:
Section 6-1 of the Code of Ordinances of the City of Muskegon concerning the definition of
Control and Restraint of Animals is amended to state as follows:
Section 6-1. Definitions
Control means having an animal in confinement as described or required by this
chapter, or restrained by its owner on a leash no greater than six feet in length and of sufficient
strength to confine the animal, or in certain cases where specified in this chapter, a shorter leash.
The term "control" shall not mean allowing an animal to go unleashed outside of its confinement
or pen.
Restraint. A dog or cat shall be considered under restraint if it is within the real
property limits of its owner or secured by its owner on a leash or lead n_Q_greater than six feet in
length and of sufficient strength to confine the animal. Any other animal is considered restrained
only if it is effectively prevented from escape by appropriate means.
This ordinance adopted:
Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter, and Davis
Nays: None
Adoption Date: May 22, 2007
Effective Date: June 9, 2007
First Reading: May 22, 2007
Second Reading: NIA
CI\)Y
OF MUSKEGON
By
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•
Ann Marie Becker, MMC
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the Ci:7 Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 22n day of May, 2007, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted, and public notice was given,
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: May 22, 2007
Ann Marie Becker
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Commission Meeting Date: June 12, 2007
Date: May 30, 2007
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Site Assessment Grant Administration Contract-
Couture Environmental LLC
SUMMARY OF REQUEST: To approve the Contract with Couture
Environmental Strategies LLC for continued administration of the
Brownfield Grant, in amount not to exceed $27,000 and to amend the
budget to move $27,000 from the General Fund Contingency into the
Planning & Economic Development budget.
FINANCIAL IMPACT: There is an additional amount of $27,000 required
to continue to contract with Couture Environmental Strategies LLC.
BUDGET ACTION REQUIRED: The funds will be allocated from the
General Fund Budget Contingency. The Planning, Zoning and
Economic Development Budget will require an amendment for line item
#80400-5300 (Contractual Services) for an addition of $27,000.
STAFF RECOMMENDATION: To approve the attached Contract and
authorize the Mayor to sign. Also, to approve the budget amendment to
place $27,000 from the General Fund Contingency into the Planning &
Economic Development Budget.
ll City of Muskegon
Memo
To: Honorable Mayor and City Commission
From: Cathy Brubaker-Clarke, Director of Community & Economic Development
CC: Bryon Mazade, City Manager
Date: 6/5/2007
Re: Brownfield Site Assessment- Couture Environmental Strategies Administration Contract
The City Commission approved a Contract with Couture Environmental Strategies LLC on September
16, 2004. The Contract was for the administration of the Site Assessment Grant from the Michigan
Department of Environmental Quality (MDEQ). The grant has been very successful, including site
assessments for 14 projects to date (including Fleet Engineers, West Village Mall, Aero-Foil, Gary
Post's properties, Sidock and Ruddiman Creek Condos). However, when the original budget was
submitted to MDEQ, it only included $50,000 for project "grant administration" and overall project
management. This represented 10% of the grant amount, a best estimate based on the previous Site
Assessment Grant awarded to the City in 1994. In actuality, the project management costs have been
somewhat higher than expected. There are several reasons for this, including the following:
• Project start-up costs were higher than the previous grant, due to the City's efforts in
conducting a pre-qualification and selection process for consultants, resulting in contracts with
four consulting firms
• Several activities related to evaluation of various options for use of the CMI Loan were
actually conducted under the grant funding; however, since the City has not yet decided to
draw on the loan, these costs were paid through the grant (an additional $50,000 was
approved by MDEQ for loan management)
• Since there are now four environmental consulting firms, more effort is required in overseeing
the consultant's work efforts, to assure activities are conducted in compliance with State laws
and regulations, and in compliance with the grant agreement
• There have been complications with the environmental circumstances of the properties (types
and amount of contamination found and additional site assessment work required that went
beyond the original estimation)
At this point, the original $50,000 in grant administration has been expended and there is a need to
increase the amount to allow for additional administration and site assessments. Although there is no
legal requirement for the MDEQ to only allow a 10% grant administration fee, they are not allowing us
to amend our Agreement to increase the amount to 15% (10-15% being a standard administration fee).
I assume this is due to the fiscal situation with the State government.
Therefore, I am requesting that the City Commission approve the new Contract with Couture
Environmental Strategies LLC in the amount of $27,000. Administration fees per project have been
averaging $3,500 (actually, lower than that since this amount accounts for up-front costs which were
significant to get the consultants selected). In addition, there will be final close-out responsibilities
(approximately $2,500).
At this point, we have approximately five projects lined up for site assessment work that cannot move
forward without grant administration (including the Muskegon Lakeview Condos, the Jerry
Lottie/James Anthony DMDC property, and a manufacturer's relocation to the City on Getty Street). In
addition, I expect at least two more projects can be undertaken before the grant funds are depleted.
Therefore, if the Commission authorizes up to $27,000 for the contract with Couture Environmental
Strategies, we should be able to complete 7-8 more projects through the Grant, and remain in
compliance with grant requirement.
If you have any questions regarding the above, please let me know.
Attachment
• Page2
!Blue .-£ake fJ'own~hlp
1491 OWASIPPE ROAD TWIN LAKE, MICHIGAN 49457
PHONE: 231/894-6335
FAX: 231/893-3511
RECEI\IED
MAY 1 6 2007
May 12, 2007
MUSKEGON
CITY MANAGER'S OFFICE
City of Muskegon
P.O. Box 536
933 Terrace St.
Muskegon, Ml 49443
· . . .. "
To the Mayor and Commissioners
'-••.- •-• ,.,. ••rn •~• '•
As you know, Blue Lake Township is in court defending its right to zone as its citizen's desire.
If Blue Lake Township Officials rezoned as the suing party wishes, that owner states it can
command a higher price for the land.
Blue Lake Township does not believe it is the Township's responsibility to create extra dollars for
any property owner.
If Blue Lake Township were to rezone to produce more dollars for this party then Blue Lake
Township will have lost all future control of its zoning. Every property owner thereafter could take
the Township to court to zone for whatever would bring more dollars.
Before the County developed its Master Plan, Blue Lake Township's plan was in place. That fact
made it relatively easy for Blue Lake Township to participate in the County's planning.
Since the inception of the Muskegon Area-Wide Plan, at least two cities and two Townships are
taking hard looks at how and where they can preserve valuable ecco-systems.
I am writing this letter to you because I personally feel that Blue Lake Township desperately needs
the support of every unit of government in the County, including the County and any other group
or agency whose purpose is to protect and preserve the natural environment.
I have no idea of the restrictions that may be placed on cities or villages. However, approximately
two years ago the Michigan Townships Association published a legal opinion that Townships could
participate in another Township's lawsuit using a portion of their general fund.
Now, given the assumption that the landowner is attempting to drain the Township of all of its
legal funds, I am asking that every unit of government in Muskegon County and any other County,
file a brief in court and/or assist Blue Lake Township in setting up a "Legal Fund" to defend Blue
Lake Township's right to govern as its citizens have requested; and in doing so, preserve the last
pristine forestry left in Midwest Michigan.
To lose would mean more than cutting down a few hundred trees, to lose would mean loss of
wildlife and endangered species, and entire areas of forestry. It would mean pollution of our lakes
and loss of use by the majority of citizens, both from Blue Lake and from surrounding areas.
Secondly, to lose would mean the need for a great increase in infrastructure where none should be
and for which there are no funds.
To lose would set a dangerous precedent not only for Blue Lake Township, but for all Townships.
If you decide to make a contribution please write the check to:
Blue Lake Township Defense Fund (BLTDF) and mail to:
1491 Owasippe Road
Twin Lake, Ml 49457
Thanking you in advance for your assistance.
0 --~~~
Respectfully,
~
Donald E. Studaven
Supervisor
Blue Lake Township
,/
CITY OF MUSKEGON
State of Michigan
Recognition of Support
Whereas, Blue Lake Township is in Court to defend its right to control the zoning of
their own jurisdiction; and
Whereas, Blue Lake Township may lose their local wildlife and endangered species
as well as entire areas of pristine forest and ultimately affect a valuable
eco-system; and
Whereas, they are asking for support from every unit of government in Muskegon
County to set up a "Legal Fund" to help defend their right to govern as
citizens requested; and
Whereas, the Muskegon City Commission have voted to donate $600 to the Blue
Lake Township "Legal Fund" in order to help with legal costs;
NOW THERFORE, BE IT RESOLVED, that the City of Muskegon Commission
acknowledges the need for support in the protection and preservation our valuable
ecological environment.
IN WITNESS WHEREOF, we the City Commission do hereby set our hand and cause
the seal of the City of Muskegon to be affixed this 12th day of June, 2007.
Stephen J. Warmington, Mayor Steve Gawron, Vice Mayor
Chris Carter, Commissioner Kevin Davis, Commissioner
Clara Shepherd, Commissioner Sue Wierengo, Commissioner
Lawrence 0. Spataro, Commissioner
Date: June 11, 2007
To: Honorable Mayor and City Commissioners
From: City Clerk's Office
RE: City Maps
SUMMARY OF REQUEST: The Map Group, Inc. has contacted staff with a
proposal to create 10,000 4-color City maps at no cost to the City.
Sponsorships will be sold by Map Group. It is requested that the Mayor sign
the attached letter that will be distributed to local businesses. The City has
final say on all printed material and sponsorships. Twenty-five maps will be
given to each sponsor to display in their business location. The City will
receive the rest to distribute - approximately 7,000 maps. Additional
information is attached.
A sample map will be available at the meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff has spoken to many departments, the
Chamber of Commerce, and Muskegon County Tourism who have all stated
their support.
COMMITTEE RECOMMENDATION: Public Relations Committee supports
the concept.
ITYMAP PROJECT
a subsidiary of The Map Group, Inc.
1717 Dixie Hwy, Suite 500, Ft. Wright, KY 41011 --- 1- 800- 933- 3909
MEMO OF UNDERSTANDING
With your consent & agreement, The Map Group, Inc. will begin a
"City Map Project"
for
City of Muskegon
This Memo outlines our Program, Map Product, and Plan of Action.
PROGRAM: At no cost to the City of Muskegon The Map Group, Inc. will:
1. Provide the City with a letter stating the City's announcement of the project.
We will provide a suggested draft of the letter's content in a "Word" document.
The City may make changes to the content of the letter, with mutual approval.
The City will print a letter on City letterhead, signed by the Mayor.
The City will overnight the signed announcement letter to;
The Map Group, Inc. 171 7 Dixie Hwy Suite 500, Ft. Wright, KY 41011
2. Print all the announcement letters & mail in a City envelope to the businesses
within the Map's coverage at our expense.
3. Contact the businesses receiving the letter, offering them an opportunity to purchase
a "business card" ad around the border of the map. We will seek sponsorship for the
map from the businesses by mail & phone for up to the first 120 sponsoring advertisers.
4. Produce 10,000 complimentary, 4-color street maps of the City & immediate
surrounding area.
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5. Ship 25 complimentary maps in dispensing containers to each sponsoring advertiser.
6. Ship to City Hall the balance of the maps for distribution at City facilities.
MAP PRODUCT: The new City map of Muskegon will include:
1. A front cover designed exclusively for the City, including City logo & photos or
illustration to be provided by the City.
2. Two 4x9 Panel spaces on the map to feature promotional material on municipal
services (City Administration, Police, Fire, Schools, Parks, Places of Worship etc).
st
In the unlikely event the premium panels (Back Cover, 1 seen left & right panels)
are not sold, they will be offered to the City free of charge.
3. A detailed street map & street index using the highest quality GIS cartographic
materials available through accessible information resources.
4. Sponsors will be listed alphabetically by category around the edge of the map.
PLAN OF ACTION:
1. Four months shall be allowed for the sponsorship sales campaign and production
of the printed maps.
2. We will assume complete financial and production responsibility for development
and distribution of the map.
3. We will offer sponsorships as low as $ 349.00.
4. Our staff and sales team will always identify themselves as representatives of the
"City Map Project". The staff and sales team of the "City Map Project" fully understand
they are not employees or contractors of the City of Muskegon.
5. We will provide a link to our web service called "MapLocator", which enables
participating advertisers to list & pinpoint their location on-line, with their home
page linked to the City's home page.
For The Map Group, Inc. Dick Dean, VP 2/15/07
3
To Be Placed on City
Letterhead
March 15, 2007
Dear Muskegon Business Owner:
The "City Map Project" is printing 10,000 copies of a detailed, updated street map of the City & the immediate
surrounding area. Muskegon will be highlighted and the changes in our area will be reflected on the new beautiful
4-Color Resource Guide & Street Map.
We are proud to announce the "City Map Project" to promote Muskegon with no burden to our tax paying citizens.
Business advertising on maps has become quite popular throughout the country, and is a useful marketing tool for
businesses and communities to assist residents & newcomers. Bordering both sides of the map, business cards
will be arranged categorically to highlight local businesses. In addition to promoting the regional amenities,
current City programs will be displayed, with a directory of important phone numbers and Community information.
The maps will be available, free, at City buildings, banks, schools, churches, charities & other high-traffic areas.
Each participating advertiser will receive a free supply of 25 folded maps with a counter top display dispenser.
Visit www.citymapproject.com for information and typical ad samples or contact City Map Project directly by calling
1-800-933-3909, referring to the "Muskegon City Map Project".
Marketing and advertising space is limited and allocated on a first-response, first-served basis.
It is not uncommon for a community of our size to sell out the sponsorship opportunities within 5 business days.
Act now by filling out the form below and faxing this letter today.
Thank you for your support of this worthwhile project.
Sincerely,
Mayor Steve Warmington
Don't Delay! Fill out this form and fax this letter to: 1-800-344-1941
_ _ Please call on us first about prime position options on the Muskegon City Map Project.
We would like to hear more. Provide information on the Muskegon City Map Project.
Print Firm Name: _ _ __ _ __ _ _ _ _ __ _ _ _ __ Phone: _ _ _ __ _ _ __
Contact Person: _ _ _ __ _ __ _ _ _ _ _ _ _ _ __ __ __ __ __ _ __ _
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