Village of Douglas Council Proposed Minutes

THE CITY OF THE VILLAGE OF DOUGLAS
MEETING OF THE CITY COUNCIL
MINUTES
Monday, August 18, 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, Moore, Waddell
Absent: Mayer
Also Present: Manager Kowal and Clerk Neve

3. Pledge of Allegiance - Mayor

4. Changes/Additions/Deletions to Agenda
None
Motion by Moore with support from Hoexter to approve the agenda as presented. Motion carried.

5. Approval of Minutes
A. Regular Meeting of City Council of August 4, 2008
Motion by Moore with support from Bailey to approve meeting minutes as presented. Motion carried.

6. Appointments /Resignations
A. Reappointment of Mr. R.G. Poetsch as the City of the Village of Douglas
Representative on the Interurban Transit Authority Board (4-year term
commencing October 1, 2008 through September 30, 2012)
Motion by Bailey with support from Harvath to approve
the reappointment of R.G. Poetsch to the Interurban Transity Authority
Board. Motion carried unanimously by roll call vote.
B. Reappointment of Martha Hoexter to the Saugatuck-Douglas Joint Police
Commission (1-year term commencing July 1, 2008 and concluding June
30, 2009). Motion by Waddell with support from Bailey to
approve the reappointment of Martha Hoexter to the Saugatuck-Douglas
Joint Police Commission. Motion carried unanimously by roll call vote
with Hoexter abstaining.
C. Appointment of Diane Bailey to the Saugatuck-Douglas Joint Police
Commission (partial term commencing August 18, 2008 and concluding
June 30, 2009). Motion by Hoexter with support from Waddell to approve appointment of Diane Bailey to the Saugatuck-Douglas Joint Police Commission. Motion carried unanimously by roll call vote with
Bailey abstaining.
D. Appointment of David Kowal to the Saugatuck-Douglas Joint Police
Commission (1-year term commencing July 1, 2008 and concluding June
30, 2009). Motion by Bailey with support from Harvath to
approve appointment of David Kowal to the Saugatuck-Douglas Joint
Police Commission. 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: None
B. Written:
1. Resolution of Thanks from the Lakeshore Coordinating Council for Substance Abuse Services
2. Letter from Gene and Dee Schoeneich to the Saugatuck-Douglas
Historical Society dated August 2, 2008.
3. Letter from Joseph J. Bredemann dated August 11, 2008
4. Letter from Dick Waskin dated August 11, 2008
5. Planning Commission Agendas; Wednesday, August 20, 2008; Special Meeting 6:00 p.m.; Workshop Meeting 7:00 p.m.; Douglas City Hall Council Room; 86 W. Center St.; Douglas
6. City Council Special Meeting Agenda; Wednesday, August 20, 2008, 5:30 p.m., Douglas Police Department Meeting Room; 47 W. Center St., Douglas
7. Summary of Building Permits Issued by Michigan Township Services - July 2008
8. Minutes from the Saugatuck Township Fire District Board Regular Meeting of July 14, 2008 and Workshop Meeting of July 28, 2008 are Available for Inspection in the Office of the City Clerk
Written communications noted as received and filed.

9. Unfinished Business
A. Motion to Adopt for Second and Final Reading Ordinance 06-2008
Amending the Code of Ordinances of the City of the Village of Douglas
(Sections 90.01, 90.02, 90.03, 90.04, 90.05, 90.06 and 90.07 Relating to
Adoption of the International Fire Code; 2006 Edition)
Motion by Hoexter with support from Bailey to approve
adoption of Ordinance No. 08-2008 relating to the International
Fire Code. Motion carried unanimously by roll call vote.

10. New Business
A. Motion to Adopt Resolution No. 60-2008 Approving the Purchase of a
New 2009 International Plow Truck Chassis through MiDEAL; Michiganā€™s Cooperative Purchasing Program.

Motion by Moore with support from Bailey to approve adoption
of Resolution No. 60-2008 for the purchase of a 2009 International Plow Truck Chassis. Motion failed 3-3 with Waddell, Moore and Harvath casting “no” votes.

B. Motion to Adopt Resolution No. 61-2008 Approving the Proposal of
Truck & Trailer Specialties for Required Plow Truck Equipment.
C. Motion to Adopt Resolution No. 62-2008 Declaring City of the Village
of Douglas Property Surplus and Authorizing Disposition.
With the failure of Resolution No. 60-2008, Resolution No. 61 and 62
were deleted.

Motion by Bailey with support from Hoexter to take a short recess until
Attorney Mulder is reached via phone. Motion carried.
Motion by Bailey with support from Hoexter to reconvene the meeting
at 7:34 p.m. Motion carried.

D. Hearing by City Council on Notice of Zoning Violations dated February
8, 2008, Issued by the City Zoning Administrator to the Saugatuck Public
Schools. (SPS) 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.
Motion by Bailey with support from Harvath to remove the issue of the
Notice of Zoning Violations dated February 8, 2008 from the table for
discussion. Motion carried unanimously by roll call vote.
Attorney Mulder reminded council the discussion had been tabled from a
previous meeting upon his recommendation to allow another 30 days to
get the parties together and try to come to an agreement.
At this time, Mulder recommends council direct the Planning Commission
to consider the playground zoning violations. Saugatuck Public Schools
and Ms. Casey may agree to resolve the issue by agreeing on a barrier wall.
Bailey commented she does not appreciate information continually coming from the schools at the last second. She is willing to direct
the Planning Commission to hold another public hearing on the issue
but our ordinance must be followed.
Harvath related he feels Saugatuck Public Schools has not been forthcoming with information. He questions how the Planning Commission will get SPS to attend another meeting.
Manager Kowal reminded council the Planning Commission has never
reviewed a site plan containing the Early Childhood playground. A public
hearing will be required for the Planning Commission meeting.
Balmer related the playground area was always indicated to be a drainage area.

Waddell asked if the school has pursued a permit for the playground with the Bureau of Construction Codes (BCC). And are the schools still of the belief that they donā€™t have to seek council or Planning Commission approval on anything.
Mulder responded SPA has said all along that the City has no authority over any of the school projects. Currently the school is waiting for a letter from the Bureau of Construction Codes outlining if there will be a review
of what the BCC termed as a “small project”.
Waddell commented once again the Planning Commission will be
reviewing a case without an applicant. Waddell asked if the City has the
right to close the daycare down until zoning is met.
Bailey remarked she would hope it would not come to that extreme. That
action would impact too many families who rely on daycare for their
children.
Mulder indicated he would be speaking with Attorney Scott Smith
regarding a site plan showing the playground and its use schedule.
Motion by Waddell with support from Hoexter to refer the Zoning
Violation for the Early Childhood Learning Center to the Planning
Commission for consideration of off-site conditions for Special Land Use.
Motion carried unanimously by roll call vote.

11. Staff Reports
A. Building/Planning/Zoning/Enforcement
1. Letter from Ryan Kilpatrick, Planning & Zoning Consultant, dated
August 7, 2008 RE: Storm Water Management Plan; 3081
Lakeshore Drive, Douglas, MI

2. Letter from City Attorney, Andrew Mulder, to Attorney Scott
Smith, Clark Hill, PLC, dated August 13, 2008 RE: Saugatuck
Public Schools Varsity Baseball Field Project.

Letters noted as received and filed.

12. Committee Reports
A. Planning Commission
Waddell reported the Planning Commission met Wednesday, August
13th . Saugatuck Public Schools Varsity Baseball Field project was on
the agenda for review. Planning Commission denied the special use
permit.

B. Community Recreation Advisory Board
Bailey reported the Saugatuck Public Schools Board of Education is
meeting tonight regarding the Community Recreation 5-year plan.

C. Police Commission
Hoexter reported the Police Commission met Wednesday, August 13th.
A suggestion was entertained to hold quarterly meetings of the Police
Commission. The Chief will continue to do monthly reports. The
Commission heard a report on problems with moped rentals. Discussion
on hiring more part-time officers.

D. Kalamazoo Lake Sewer & Water Authority
Treasurer Drexler attended a review of the rate study. The next meeting
will be a review of a sewer rate increase study and repairs needed at lift
stations.

E. Park Improvements Implementation Ad Hoc Committee
Balmer will be making recommendations to the City Manager and Council
regarding park improvements.

13. Council Comments
Bailey commented closing the daycare facility would have a huge negative
impact.

Harvath commented the Bureau of Construction Codes is not looking out for the
residents of Douglas.
New DPW equipment was turned down tonight mainly because we have
purchased many new vehicles with no place to store them. A CIP should be in
place prior to such large purchases.

Moore remarked he wants to be certain that Saugatuck Public Schools clearly
understands exactly what the Planning Commission needs for proper review.

Kowal responded both he and Attorney Mulder will be in contact with the school
and their attorney to outline exactly what is needed. The school received
permission for the Early Childhood Center and the six additional classrooms but
never for the playground.

Waddell remarked she believes the school simply doesnā€™t understand that their
property is not zoned “Public Lands” but sits in an R-5 zoning district. R-5
zoning does not allow us to turn a blind eye to the school projects.

Hoexter commented the school is aware of the zoning they just choose not to
comply.
Since the DPW snow truck was not approved we shouldnā€™t give the Police Dept.
a new vehicle this year either.

14. Mayorā€™s Report/Comments
A snow plow truck is a very important piece of equipment. One truck may break
down leaving a void in service.

15. Approval of Invoices
A. Consideration of Approval of Invoices dated 8/15/08 in the
amount of $177,705.34
Motion by Waddell with support from Hoexter to approve invoices dated 8/15/08 totaling $177,705.34. Motion carried unanimously by roll call vote.

16. Managerā€™s Report
None

17. Hear from the Audience (Limit three minutes for general comments)
A. Elizabeth Thiele, 254 Lakeshore, speaking on behalf of Crandell, Woods,
Plummer and Hesse, thanked Manager Kowal for putting her in touch with
Ryan Kilpatrick and Steve Bishop who responded to look at a water
erosion problem on Lakeshore Drive.

B. Kate Casey, Union St., stated it has been two years since her first
complaint against the school. She is very appreciative that council and
Manager Kowal has listened and taken action. She has sent FOIA
requests to the Bureau of Construction Codes every 2 weeks but has
received nothing.

C. Tara Frey, Amity St., commented Ms. Casey has done her homework and
it is now time to put up a noise barrier fence and end the problem. Work
on the ball field has already begun. Saugatuck Public Schools has their
own ideas of what they envision.

D. Paul Sendra, Amity St., asked what is the next step now that the Planning
Commission has denied the special use permit for the ball field. Strongly
encouraged council to follow the ordinances.

Balmer reminded everyone of the Wednesday, August 20th meeting of
the Planning Commission to further discuss the next step in denying
the special use permit.
Kowal related the cityā€™s jurisdiction is limited to off-site and adjacent
property concerns. Attorneys will prepare findings of fact for further
legal review.

18. Adjournment
The meeting was adjourned at 8:45 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 August 18, 2008. I further certify that the meeting was duly called and that a quorum was present.

________________________________________ __________________
Jean E. Neve, City Clerk Date