Village of Douglas Council Proposed Minutes

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

1. Call to Order
The meeting was called to order at 7:00 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
Addition: Article #10H to consider motion to authorize Mayor Balmer to
acknowledge receipt of a letter and consents to Miller Canfield Paddock and
Stone representation of Douglas Lakefront Properties in unrelated legal matters
while Attorney Doug Callander continues to represent the City of the Village of
Douglas in its labor matters.
Motion by Hoexter with support from Bailey to approve the agenda as amended. Motion carried.

5. Approval of Minutes
A. Regular Meeting of City Council of July 7, 2008
Motion by Mayer with support from Hoexter to approve meeting minutes as presented. Motion carried.

6. Appointments /Resignations
A. Appointment of Mr. Lance Winchester; “At-Large” Board Member,
Saugatuck Township Fire District (term expiring 6/30/2014)
B. Appointment of Mr. Scott Phelps; “At-Large” Board Member,
Saugatuck Township Fire District (term expiring 6/30/2014)
Motion by Waddell with support from Harvath to approve
appointment of Scott Phelps and Lance Winchester to the Saugatuck Township Fire District Board with a term expiring 6/30/2014. Motion carried unanimously by roll call vote.

7. Proclamations/Awards
None Scheduled

8. Public Communications (Limit of three minutes for comments regarding
agenda items)
A. Verbal:
1. Dan Urquhart, KLSWA Board Representative, reported on
an upcoming KLSWA workshop meeting regarding rate study.
The sewer and water authority is facing some major improvements
and will be looking at ways to fund projects. Meeting details to
be announced but likely will be held on the third Monday of
August.
2. Heather Barton, 190 Union St., reiterates the nuisances endured
by property owners near the Saugatuck Public Schools Early
Childhood playground. Urges a decision tonight.

B. Written:
1. Legislative Link; Michigan Municipal League; July 15, 2008
2. Notice from Saugatuck Township Planning Commission dated
July 2, 2008 RE: Intent to Amend the Saugatuck Township
Component of the Tri-Community Comprehensive Plan
3. Michigan Township Services Summary of Permits Issued; June 2008
4. Letter from Tim Wood, Saugatuck Public Schools (“SPS”), to
Attorney Kurt Dykstra, dated July 11, 2008 RE: Inability of SPS
to Construct a Split-Face Block Wall on the Southern Property Line of the Early Childhood Center
5. Public Notice; Community Park & Recreation Plan Update
Written communications noted as received and filed.

9. Unfinished Business
None

10. New Business
A. Hearing by City Council on Notice of Zoning Violations dated February 8, 2008, Issued by the City Zoning Administrator to the Saugatuck Public Schools. Pursuant to Section 23.04 of the Zoning Ordinance of the City of the Village of Douglas, Notice was Given that the Playground Located to the Rear of the Early Childhood Center Building, 261 Randolph Street, Douglas, MI is in Violation of said Zoning Ordinance
Manager Kowal gave a review of how the playground came to be. Reports contained in tonightā€™s packet outline the series of steps taken by the City to come to a resolution.
Attorney Mulder reviewed the letters and communications he has written
to both the Saugatuck Public Schools and the State Department of Education regarding these violations.
Balmer asked about differences in that a part of the Early Childhood building is leased to a private business that uses the playground year
round. Mulder related the State Board of Education has been wrangling
with the issue. The Early Childhood building was approved and a
certificate of occupancy permit issued. Only the playground is at issue now.
Mulder indicated he would recommend another 30 days to try to bring
everyone involved together to try to reach a resolution. With another
try for resolution, at least the City can say we have exhausted all possibilities.
Harvath commented he feels a decision is needed tonight. There has been
too much time and money already spent.
Kowal related he realizes the frustration as much as Ms. Casey and Ms. Barton. Another public hearing with the Planning Commission would take longer than 30 days. He would recommend a letter to all parties
with a specific date for final action.
Waddell indicated she is frustrated with the Schools failure to communicate. Tonight was supposed to be a meeting with the council and School representatives. Waddell agrees the City should follow the recommendation from Attorney Mulder.
Bailey related she is disappointed no compromise has been found and is
willing to give the matter another 30 days.
Hoexter remarked she takes exception to the letter from Scott Smith criticizing her and Mayer for speaking up at a public meeting. She feels this issue has dragged on too long but is willing to give it 30 days more.
Harvath related he feels badly for the neighbors and the children. All of the money could have been better spent. Another 30 days is a long time to
add to an issue that has gone on for so long already. He would like to move on and get this behind us.
Moore doesnā€™t feel there will be any resolution in 30 days. He suggests drafting a motion tonight to all 30 days, set a time limit and follow through.
Mayer commented she doesnā€™t feel she can voice her opinion after being
accused of bias. The City needs to follow the advise of our attorney and move ahead.
Balmer again asks that the privately run daycare center be looked at differently. The low area where the playground now sits was intended to be for run-off drainage.
Mulder related he recommends tabling the issue until the August 21, 2008
meeting, giving time to try to come to a resolution.
Motion by Waddell with support from Hoexter to table this issue for 30 days until the August 21, 2008 council meeting allowing Attorney Mulder time to work with the schools on a resolution. Motion carried unanimously by roll call vote.

B. Motion to Adopt Resolution No. 49-2008 Approving an Agreement
between the City of the Village of Douglas and the Saugatuck-Douglas
Historical Society for the Administration of a Fiscal Year 2008 Historical
Preservation Fund Grant for the Federal Preserve America Program
Administered by the National Park Service (Preserve America Grant
Agreement No. 26-08-AP-4022)

Motion by Harvath with support from Mayer to approve adoption
of Resolution No. 49-2008. Motion carried unanimously by
roll call vote.

C. Motion to Adopt Resolution No. 50-2008 Approving Michigan
Department of Labor & Economic Growth, Bureau of Fire Services
(“BFS”), Permits as Applied for by the Saugatuck-Douglas Fireworks
Fund Committee Relating to the Planned Fireworks Display Associated
with the 2008 Venetian Festival
Motion by Moore with support from Bailey to approve adoption
of Resolution No. 50-2008. Motion carried unanimously by
roll call vote.

D. Motion to Adopt Resolution No. 51-2008 Approving a Revised Letter of
Understanding with the Saugatuck-Douglas Fireworks Fund Committee
Motion by Hoexter with support from Waddell to approve adoption of Resolution No. 51-2008. Motion carried unanimously by roll call vote.

E. Motion to Adopt Resolution No. 52-2008 Establishing Filing Fees and
Escrows for Planning and Zoning
Motion by Bailey with support from Waddell to approve adoption of Resolution No. 52-2008. Motion carried unanimously by roll call vote.

F. Motion to Adopt Resolution No. 53-2008 Adopting Election Polling Place
Emergency Procedures
Motion by Waddell with support from Mayer to approve adoption
of Resolution No. 53-2008. Motion carried unanimously by
roll call vote.

G. Discussion of Cityā€™s Existing Leaf, Brush and Landscape Waste
Collection Program and Possible Changes and Amendments to said
Program
The Cityā€™s existing policies relating to leaf, brush and landscape waste
will be reviewed to create an ordinance spelling out specific provisions
and areas in which collection will take place. Council voted 4-3 in favor
of looking at changes to the service.

H. Motion to authorize Mayor Balmer to acknowledge receipt of a letter and
consents to Miller Canfield Paddock and Stone representation of Douglas
Lakefront Properties in unrelated legal matters while Attorney Doug
Callendar continues to represent the City of the Village of Douglas in
its labor matters.
Motion by Mayer with support from Hoexter to authorize Mayor Balmer
to accept the letter from Miller Canfield Paddock and Stone dated July 17,
2008 and sign clarifying the point that Mr. Callendar will work only on the
City of the Village of Douglas labor matters. Motion carried.
11. Staff Reports
A. Building/Planning/Zoning/Enforcement
1. Letter from Ryan Kilpatrick, Planning & Zoning Consultant, to
Ms. Mary Bates dated July 16, 2008 RE: Property Code
Violations; 101 Union Street, Douglas, MI

B. Finance/Budget
1. Revenue/Expenditure Summary Report for the Period 7/1/07 to
6/30/2008
2. Investment Schedule as of 6/30/08
3. Wire Transfer/ACH Payment Schedule Summary for the Month
Ended June 30, 2008
Staff Reports noted as received and filed.

12. Committee Reports
A. Planning Commission
Waddell reported the ordinance review is going well. The Planning
Commission is moving into review of the PUD requirements.

B. Community Recreation Advisory Board
The next scheduled meeting is Tuesday, July 22, 2008

C. Police Commission
The July meeting has been cancelled.

D. Kalamazoo Lake Sewer & Water Authority
Update from Dan Urquhart was given earlier.

E. Park Improvements Implementation Ad Hoc Committee
Balmer requested the next meeting be scheduled for Tuesday,
July 29, 2008 at 10:00 a.m. in the City Hall council room.
Waddell reported she has had a meeting with the donor of a fountain.
Donations will be needed to cover the expense of moving and placing
the fountain.

13. Council Comments
Harvath asked about KLSWA rate changes and if the city is responsible for
maintenance and repair to the lift stations.
Moore responded the surcharge on bills goes to specific pumps and lift station
maintenance. Usage fees go for day-to-day operations of KLSWA.
Kowal commented there is no surcharge specifically for capital improvements.
Clerk Neve related she is volunteering at the National Association of Secretaries
of State conference. On Sunday, July 27th , Neve will be guiding the group coming to Saugatuck-Douglas to shop and go to the beach.

14. Mayorā€™s Report/Comments
None

15. Approval of Invoices
A. Consideration of Approval of Invoices dated 7/18/08 in the
amount of $71,839.64
Motion by Hoexter with support from Waddell to approve invoices dated 7/18/08 totaling $71,839.64. Motion carried unanimously by roll call vote.

16. Managerā€™s Report
A. The stone retaining wall in the back of City Hall is eroding. Estimates to
repair range from $2,800 - $6,000. Additional lighting could cost $2,600
to $3,700. A decision on the extent of repairs will wait until after the
audit report is received.

B. Manager Kowal will be out of the office attending a Management
Conference July 22 - July 25. Clerk Neve will serve as Acting
City Manager during that time.

C. Kowal read a prepared statement regarding Mr. R.J. Peterson and his
efforts to sully his personal and professional reputation .

17. Hear from the Audience (Limit three minutes for general comments)
A. Heather Barton, 190 Union St., related she is grateful for the extremely
professional direction of Manager Kowal.
B. Tara Frey, 483 Amity, remarked she feels there have been great strides
made under the leadership of Manager Kowal. She feels the community
is totally behind the City. On another matter, Ms. Frey commented about
the long grass at the Elementary School playground. She has also noticed
brush and tree limbs dumped at a vacant lot on Union St.
C. Katherine Casey, 190 Union St., thanked the council and Manager Kowal
for their efforts.

18. CLOSED DOOR SESSION: City Council Discussion with City Attorney
Concerning Matters of Pending Litigation Involving the City of the Village of
Douglas
Motion by Moore with support from Waddell to move into closed session
at 9:56 p.m. Motion carried unanimously by roll call vote.

Motion by Bailey with support from Harvath to adjourn the
closed session and return to the regular meeting at 10:38 p.m. Motion carried.

19. Adjournment
The meeting was adjourned at10:38 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 July 21, 2008. I further certify that the meeting was duly called and that a quorum was present.

________________________________________ __________________
Jean E. Neve, City Clerk Date