Village of Douglas Council Proposed Minutes

THE CITY OF THE VILLAGE OF DOUGLAS
MEETING OF THE CITY COUNCIL
MINUTES
Monday, September 15, 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
Item 8A Vebal: Ms. Casey will not be at tonightā€™s meeting to present comments.
Item 8B Written #3: Letter from Mr. Rich Beebe will be added.
Item #10E: Resolution No. 70-2008 approving consent judgment will be added.
Motion by Waddell with support from Mayer to approve the agenda as amended. Motion carried unanimously by roll call vote.

5. Approval of Minutes
A. Regular Meeting Minutes of City Council of September 2, 2008
B. Closed Door Session Minutes of City Council of September 2, 2008
Motion by Hoexter with support from Waddell to approve meeting minutes as presented. Motion carried.

6. Appointments /Resignations
None scheduled

7. Proclamations/Awards
None scheduled

8. Public Communications (Limit of three minutes for comments regarding
agenda items)
A. Verbal:
1). Mr. Rich Beebe, 33 Union, requested help for the City in solving
drainage problems on Union Street. (Letter included as item 8B3)

2) Ms. Kathleen Casey, 190 Union.
Deleted

B. Written:
1. Douglas Recycling Report (January 1 through June 30, 2008)
2. Letter from Mr. R.G. Poetsch dated August 26, 2008 RE: Summary of Interurban Transit Authority Board Meeting of August 19, 2008.
3. Letter from Mr. Rich Beebe dated September 15, 2008 RE: Union
Street drainage problems.
Written communications noted as received and filed.

9. Unfinished Business
None Scheduled

10. New Business
A. PUBLIC HEARING: Presentation by Planning & Zoning Consultant,
Ryan Kilpatrick, of Final Report and Results of the Michigan Economic
Development Corporation (MEDC) Community Development Block
Grant (Grant No. MSC-204018-EDIG; Center Street Improvements)
A brief review of the $620,000 grant received for reconstruction of
Center Street. Douglas Development Partners were to construct three
buildings on Center St. To date there is only one new building. Michigan
Economic Development Corporation (MEDC) required that 31 new jobs
be established with the Downtown Development District including businesses located between Blue Star Highway and Washington Street along Center Street. Kilpatrick has worked with the businesses to determine job creation and establishing a 2005 baseline.
Motion by Hoexter with support from Bailey to open the public hearing at
7:29 p.m. Motion carried unanimously by roll call vote.
No comments were heard.
Kilpatrick described his task of establishing a 2005 baseline and completing the paperwork required by MEDC. He reported the creation of 31 new jobs was met and surpassed by 3.5 employees. Over 80% of the new jobs created are held by persons with low income.
Motion by Mayer with support from Harvath to close the public hearing at 7:35 p.m. Motion carried.

B. Motion to Adopt Resolution No. 67-2008 Approving a Collective
Bargaining Agreement between the City of the Village of Douglas and
the Michigan American Federation of State, County and Municipal
Employees (AFSCME) Council 25, AFL-CIO.
Kowal gave a summary of changes and wage increases tentatively agreed upon. The contract has yet to be ratified by Union employees.
Motion by Waddell with support from Mayer to approve
Resolution No. 67-2008 approving Collective Bargaining Agreement with
DPW employees. Motion carried unanimously by roll call vote.

C. Motion to Adopt Resolution No. 68-2008 Amending the Budget of the
2008/2009 General Appropriations Act.
Kowal reviewed FEMA reimbursement of costs incurred during the clean-up after the June storm.
A special revenue fund is being created for special events (OktoberFest).
Resolution No. 68-2008 will be considered for approval in two parts.
Resolution No. 68-2008A will consider approval of an amendment to the General Fund Street & Right of Way for contractual forestry. Resolution No. 69-2008B will consider approval of an amendment for Special Events Fund Oktoberfest.
Motion by Waddell with support from Bailey to approve
Resolution No. 68-2008A. Motion carried unanimously by roll call vote.
Motion by Waddell with support from Mayer to approve Resolution No. 68-2008B. Motion carried 6-1 with Moore casting a “no” vote.

D. Motion to Adopt Resolution No. 69-2008 Adopting the Saugatuck Douglas Area 5-Year Parks & Recreation Plan-2008; Copy of Plan Included in Agenda Packets of Councilpersons Only; Public Copy Available on Rear Table in City Hall Council Room.
Bailey gave a review of the Parks & Recreation Plan noting there have
been changes in the demographics of the area.
Motion by Waddell with support from Bailey to approve
Resolution No. 69-2008 adopting the 5-Year Parks & Recreation Plan-2008. Motion carried unanimously by roll call vote.

E. Motion to Adopt Resolution No. 70-2008 Approving Consent Judgment
between Saugatuck Public Schools and The City of the Village of
Douglas.
Attorney Mulder reviewed the ten points of terms and conditions
contained in the consent judgment.
Council agreed this is a good compromise to a bad situation.
Motion by Waddell with support from Mayer to adopt Resolution No. 70-2008 approving consent judgment with Saugatuck Public Schools. Motion
carried unanimously by roll call vote.

11. Staff Reports
A. Building/Planning/Zoning/Enforcement
1. Letter from Attorney Philip J. Sheridan to City Manager and City
Council dated September 4, 2008 RE: Construction of New Home
at 3081 Lakeshore Dr.
Kowal has asked Attorney Mulder to respond to the requests
made by Attorney Sheridan.

2. Letter from City Attorney, Andy Mulder, to Attorney Philip J.
Sheridan dated September 10, 2008 RE: Response to Sheridan
Letter dated September 4, 2008, Regarding Construction of New
Home at 3081 Lakeshore Dr.
Letters noted as received and filed.

B. Finance/Budget
1. Revenue/Expenditure Budget Summary Report for the Period of
7/1/08 to 8/31/08
2. Investment Schedule as of 8/31/08
3. Wire Transfer/ACH Payment Summary for the Month Ended
August 31, 2008
Reports noted as received and filed.

12. Committee Reports
A. Planning Commission
Waddell reported the Planning Commission approved the plan for
Christoā€™s Roadhouse. The parking lot at the Howitt Building will be back
on the next agenda.

B. Community Recreation Advisory Board
Bailey reported the basketball court will be flooded for use by the ice rink
this winter.

C. Kalamazoo Lake Sewer & Water Authority (KLSWA)
Moore reported the increases in sewer rates were approved. KLSWA is
working toward developing a Capital Improvement Plan.

D. Park Improvements Implementation Ad Hoc Committee
Balmer reported $35,000 is budgeted for park improvements. Proceeds
from OktoberFest will go to Beery Field improvements.

17. Hear From the Audience (Comments moved forward from Item #17 on the
Agenda.
A. Rich Beebe, 33 Union, commented asphalt plants typically close around
Thanksgiving. He asks for a decision on repairs to Union Street tonight.
B. Chuck Kandalec, 1011 Center, commented on the drainage at Chestnut
Lane and Center St. He noted it seemed worse over the past weekend.
Construction at 3081 Lakeshore seems elevated with a pump discharging
water out of the basement onto other properties.
C. Cary Masters, 37 Chestnut Lane, asked about the public drains that go to
the Golf Course.
D. Jim Wiley, 314 Union, thanked the City for its efforts regarding the
Saugatuck Public Schools Varsity Ball Field. He asked for guidance on
who to contact regarding further issues such as drainage and boulders on
the field.
Kowal responded he would supply Mr. Wiley with names and phone
numbers of the staff at the Bureau of Construction Codes.
Attorney Mulder commented the consent judgment outlines the site plans
of July 16, 2008 will be adhered to and constructed accordingly.
E. Arlene Philp, 3083 Lakeshore, asked that a 6-month moratorium on
building be considered to develop a plan for the zoning ordinance to cover
grade change and drainage issues.
F. Tara Frey, 483 Amity, commented on the pathway gate between the
school and the condos that is now directly under the dining room window
of one of the condos. She related she feels there were many inaccurate
statements in the newspapers.
G. Doug DeHaan, DeHaan Builders, related he is the builder at 3081
Lakeshore. He was asked to attend tonightā€™s meeting to clarify the steps
that have been taken to get approval for a building permit. Plans were
submitted, site plan review completed, soil and erosion permits issued, a
permit from the DEQ was approved and sewer/water hook up permits
were issued. DeHaan Builders are obligated to follow all OSHA
regulations. Grades were checked and matched to the south side of the
property. The north side window well is 17 inches lower. The original
grade will be maintained. He is currently waiting for permits from the
power company.

13. Council Comments
A. Mayer asked about a road survey plan and if it is available thru Fleis
& VandenBrink. The City needs to look at road repairs with respect
to the drainage situation.
B. Moore reminded council it still has not provided our Manager with
goals and direction.
C. Waddell related she is very much against a building moratorium. We are
currently in the process of an entire zoning ordinance re-write.
D. Harvath complimented Ryan Kilpatrick on the MEDC report. Union
Street flooding/drainage needs to be addressed now.
E. Hoexter thanked Bailey for her work on the Community Recreation Plan.
Compliments to Manager Kowal for work on the Saugatuck Public
Schools case. Reminded the Press it was the school who started litigation.
F. Bailey commented on the tremendous amount of flooding/water issues
everywhere in the community. There has been more water in basements
this year than in the past. Lakeshore Drive has incredible problems with
drainage, erosion and height issues.

14. Mayorā€™s Report/Comments
Balmer agreed drainage issues are everywhere due to no positive drain outlets.

15. Approval of Invoices
A. Consideration of Approval of Invoices dated 9-12-08 in the
amount of $46,961.46
Motion by Waddell with support from Mayer to approve invoices dated 9/12/08 totaling $46,961.46. Motion carried unanimously by roll call vote.

16. Managerā€™s Report
A. Reminder to council of the facilitative mediation hearing special meeting
on Tuesday, September 16th at 10:00 a.m. in Allegan Circuit Court.
B. Drainage issues have less to do with zoning that proper positive drain
outlets. A huge portion of the City has no storm water drainage.
C. Repairs to Water Street will be scheduled for next week. Ron Meyer
& Associates will be making repairs beginning September 22nd.

17. Hear from the Audience (Limit three minutes for general comments)
Moved forward after Item #12.

18. Adjournment
The meeting was adjourned at 9:55 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 September 15, 2008. I further certify that the meeting was duly called and that a quorum was present.

________________________________________ __________________
Jean E. Neve, City Clerk Date