THE CITY OF THE VILLAGE OF DOUGLAS
MEETING OF THE CITY COUNCIL
MINUTES
Monday, April 21, 2008
7:00 p.m.

1. Call to Order
The meeting was called to order at 7:05 p.m. by Mayor Balmer

2. Roll Call
Members Present: Bailey, Balmer, Harvath, Hoexter, Mayer, Moore, Waddell
Absent: None
Also Present: Manager Kowal and Clerk Neve

3. Pledge of Allegiance - Mayor

4. Changes/Additions/Deletions to Agenda
Motion by Hoexter with support from Moore to approve the agenda as presented. Motion carried.

5. Approval of Minutes
A. Committee of the Whole Meeting of April 7, 2008
B. Regular Meeting of City Council of April 7, 2008
C. Special Meeting of City Council of April 14, 2008
D. Closed Session Minutes of City Council of April 14, 2008
Motion by Bailey with support from Mayer to approve
meeting minutes of April 7 and April 14, 2008. Motion carried.

6. Appointments /Resignations
None

7. Proclamations/Awards
None

8. Public Communications (Limit of three minutes for comments regarding
agenda items)
A. Verbal:
1. Jim Hansen, Chair of Saugatuck Township Planning Commission,
urged support for working together through the Partnerships for
Change Sustainable Communities Program Grant.
2. Dan Esterline, Dunes Resort, thanked Manager Kowal for his
work on the noise ordinance. Esterline commented he would like council to take a closer look at Section 30-37; most especially the
sentence that reads “the Noise Control Officer may remove the
source of the noise”.

3. Tara Frey, 483 Amity, related she is drafting a letter to
Saugatuck Public Schools regarding the short field proposed
for the ball field at Douglas Elementary.
B. Written:
1. Summary of the Interurban Transit Authority Board Meeting of April 15, 2008, from R.G. Poetsch dated April 17, 2008
2. Allegan County Commission on Aging; Listing of Dates and Times of Scheduled Meetings for the 2008 Calendar Year
3. Notice from Michigan Municipal League of the Upcoming Brownfields 2008 Conference; May 5-7, Cobo Center, Detroit, MI
4. Letter from City Manager to Residents, Businesses, and Other Affected Parties Regarding the Upcoming Center Street Reconstruction Work
5. Copy of News Release RE: Upcoming State Mandated Underwater Blue Star Bridge Inspection and Required Lane Closure
Written communications noted as received and filed.

9. Unfinished Business
A. Motion to Adopt for Second and Final Reading Ordinance No. 02-2008
Amending the Zoning Ordinance of the City of the Village of Douglas,
Michigan (Amending in its Entirety Article XXIX, Zoning Board of
Appeals, Section 29.02)
ZBA applicants will be asked to file a Boards and Commissions
application prior to May 1st. Appointments will be made at the
May 5, 2008 Council Meeting.
Motion by Bailey with support from Waddell to approve
adoption of Ordinance No. 02-2008. Motion carried unanimously by roll
call vote.

10. New Business
A. Motion to Adopt for First Reading Ordinance No. 03-2008 Amending the
Code of Ordinances of the City of the Village of Douglas, Michigan,
Relating to the Regulation of Noise
Council discussed Section 30.37 in regards to an officer having the right to
remove sound equipment from the premises. A suggestion was made to
clarify the time period in which offenses occur. If an officer has to go to
the offender twice in the same 24-hour period that would constitute one
offense. A provision for municipal fines is included in the civil infraction
section of the ordinance.
Motion by Harvath with support from Hoexter to approve for first reading Ordinance No. 03-2008. Motion carried by roll call vote with Harvath and Moore casting “no” votes.

B. Motion to Adopt for First Reading Ordinance No. 04-2008 Amending
the Code of Ordinances of the City of the Village of Douglas, Michigan,
Relating to Grass and Noxious Weeds
Council discussed publishing the ordinance each spring to keep property
owners reminded of the need to maintain properties. Currently there is
no ordinance that requires home owners to maintain the right-of-way.
The City gives written notice to offending property owners who can
be charged for costs related to clean up by the Department of Public
Works. If City incurred costs are not reimbursed we have the ability
to assess a lien to the tax bill.
Moore related he has several problems with the ordinance and believes
the 8-inch length for grass is excessively short.
Motion by Harvath with support from Waddell to approve for first reading Ordinance No. 04-2008. Motion carried by roll call vote with Moore
casting a “no”.

C. Motion to Adopt for First Reading Ordinance No. 05-2008 Adopting
and Enacting a New Code for the City of the Village of Douglas,
Michigan; Providing for the Repeal of Certain Ordinances not included
Therein; Providing for the Manner of Amending Such Code; And
Providing When Such Code and this Ordinance Shall Become Effective.
Motion by Harvath with support from Bailey to approve for first reading Ordinance No. 05-2008. Motion carried unanimously by roll call vote.

D. Motion to Adopt Resolution No. 27-2008 Approving the Purchase of a
2008 GMC Sierra 1500 Work Truck through MiDEAL, Michigan’s
Cooperation Purchasing Program for a cost of $17560.
Motion by Harvath with support from Mayer to approve adoption of Resolution No. 27-2008. Motion carried unanimously by roll call vote.

E. Motion to Adopt Resolution No. 29-2008 Supporting the Grant
Application Prepared by the Saugatuck-Douglas Historical Society to
the Michigan Council for Arts and Cultural Affairs (MCACA) for the
Creation of the Historical Archives Digital Laboratory at the Old School
House.
Motion by Hoexter with support from Bailey to approve adoption of Resolution No. 29-2008. Motion carried unanimously by roll call vote.

F. Motion to Adopt Resolution No. 30-2008 Committing to Provide the
Local Match Funds for a Grant through the Partnerships for Change (PfC)
Sustainable Communities Program
Council was in agreement that they would like Saugatuck Township to
be involved and a partner in the Harbor negotiations/development. Many
questions arose as to establishing an enabling ordinance for the creation of
the Harbor Committee. The City of Saugatuck and the City of the Village
Douglas have each already contributed $20,000. If the Township puts in
$2,300 does that make them an equal partner? The Township was asked
to participate months ago but declined saying they didn’t have the money.
No one knows now what the Township is expecting with their contribution
of $2,300. Nothing is in place to direct a commission as to the
responsibilities, who is administering the grant, or what each entity’s
role will be. An attorney working on an enabling ordinance now will have
a difficult time determining representation and number of votes each
participant gets. There was no opportunity to have a discussion on
this prior to tonight. Douglas learned of the grant through Suzanne Dixon
at which time Kowal contact Saugatuck City Manager Kirk Harrier.
Harrier indicated he learned of the grant through Planning Commission
Chairperson Harold Thieda.
Council questioned if a larger grant could have been applied for if the
Township could have put up more money. It is unclear if the $2,300
is a one-time gift or does the Township expect to have an equal vote.
This is a difficult choice not knowing the Township’s position.
Motion by Harvath with support from Bailey to approve adoption of Resolution No. 30-2008. Motion failed 3-4 with Bailey, Harvath,
Mayer and Waddell casting “no” votes.

G. Motion to Adopt Resolution No. 31-2008 Declaring City of the Village of
Douglas Property Surplus and Authorizing Disposition.
There were three items to be declared surplus: Brush Hog Side Mounted
Rotary Cutter, Salt Box, and Hewlett-Packard HP Server.
Motion by Moore with support from Waddell to approve
adoption of Resolution No. 31-2008. Motion carried unanimously by
roll call vote.

H. Motion to Approve the Appointment of the Following Individuals as
Election Inspectors at the Tuesday, May 6, 2008 School Election: Tarue
Pullen, Donna St. Andre, Linda Anderson, Walter Pattison, Louise
Pattison, Dorothy Demerest and Martha Hoexter.
Moton by Harvath with support from Bailey to approve election inspectors for the May 6th election. Motion carried with Hoexter abstaining.

11. Staff Reports
A. Building/Planning/Zoning/Enforcement
1. Letter from City Attorney, Andy Mulder, to R.J. Peterson, dated
April 2, 2008 RE: site plan requirements for the expansion of the
spoils area for dredging at the Tower Marine site with attached
letter from Attorney Mulder to R.J. Peterson, dated September 26,
2007.
Kowal reviewed.

2. Letter from City Planning & Zoning Consultant, Ryan Kilpatrick,
to R.J. Peterson dated April 8, 2008 RE: Special Use Permit
requirements for the apparent expansion of Tower Marine.
Kowal reported no response from Peterson yet.

3. Letter from City Planning & Zoning Consultant, Ryan Kilpatrick,
to Dick Waskin, dated April 8, 2008 RE: Site Plan requirements for the reconstruction of the building located at the corner of
Center and Main Streets, Douglas, MI, casualty of a recent fire.
Kowal reported this letter is for council information only.

B. Finance/Budget
1. Revenue/Expenditure Report for the Period 7/1/07 to 3/31/08
2. Cash Balances Report for the Month Ended March 31, 2008
3. Summary of Wire Transfer/ACH Payments for the Month Ended
March 31, 2008
4. Investment Schedule as of 3/31/08
Finance reports prepared by Peter Haefner for council review.
Kowal indicated there would be numerous budget amendments
coming for council approval.

12. Committee Reports
A. Zoning Ordinance Ad Hoc Committee
No meeting.

B. Planning Commission
No report on the April 16th Planning Commission meeting since all council members had been in attendance.
Kowal related the Fire Department was asked to attend a council
work session for their review of the new zoning ordinance.

C. Community Recreation Advisory Board
No meeting

D. Police Commission
Hoexter reported on the April 9th meeting. There was discussion on the
budget and how Douglas will charge for services in the future. The City
Attorney will review the number and time of Police calls into the
Township.

13. Council Comments
A. Moore commented on denying the Harbor Commission grant proposal and how Douglas will now be perceived by Saugatuck and the Township.
B. Waddell related she is just not comfortable moving forward with the
Harbor Commission grant without knowing the Township position.

C. Harvath thanked Manager Kowal for the Saturday session. He felt
it was a very positive meeting. He hopes the Tri-Communities can work
together having a shared interest.
D. Bailey commented much was accomplished on Saturday. Our next
council meeting we should have performance goals set and be able to
approve the manager’s contract.

14. Mayor’s Report/Comments
Council should now be able to evaluate the manager and set up guidelines for
future council members. Kowal was thanked for all his work.
It was unfortunate that we did not have the Township’s position on the Harbor
Committee tonight. Mr. Hansen should have been able to tell us how the
Township would participate.
A brief review of Saturday’s meeting was given for the benefit of Councilperson
Moore who was unable to attend.

15. Approval of Invoices
A. Consideration of Approval of Invoices dated 4/18/08
Motion by Moore with support from Bailey to approve invoices totaling
$61,985.46. Motion carried unanimously by roll call vote.

16. Manager’s Report
A. Thanked council for commitment in attending a Saturday meeting.
B. The Treasurer recruitment continues. Two candidates remain in the running.
A recommendation will be brought to the May 19th council meeting.
C. A FOIA request was received from R.J. Peterson for all legal bills
paid to Cunningham Dalman in the past 12 months.
D. A few weeks ago both Douglas and Saugatuck agreed to hire
Kreis Enderle to prepare legal documents for the Harbor Committee.
A letter will be sent to R.J. Peterson asking for reimbursement of
costs incurred when he called Attorney Tom King.
E. The Township issue has caused a lot of emotion tonight. It is
unfortunate an enabling agreement was not already in place.

17. Hear from the Audience (Limit three minutes for general comments)
No comments were heard.

18. Adjournment
The meeting was adjourned at 9:50 p.m.

Respectfully submitted by:

Jean E. Neve, CMC
Clerk

Approved by: ____________________________________________________________
Matt Balmer, Mayor

Certification of Minutes

I hereby certify that the attached is a true and correct copy of the minutes of a regular meeting of the City Council of the City of the Village of Douglas held on April 21, 2008. I further certify that the meeting was duly called and that a quorum was present.

________________________________________ __________________
Jean E. Neve, City Clerk Date