THE CITY OF THE VILLAGE OF DOUGLAS
MEETING OF THE CITY COUNCIL
MINUTES
Monday, May 5, 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, Moore, Waddell
Absent: Mayer
Also Present: Manager Kowal and Clerk Neve

3. Pledge of Allegiance - Mayor

4. Changes/Additions/Deletions to Agenda
A. Item #9A to be moved forward before Item #6
B. Additions: Item #10D Resolution No. 35-2008
Item #8B-9 Letter from Saugatuck Public Schools
Item #8B-10 Letter from R.J. Peterson
Motion by Waddell with support from Harvath to approve the agenda as amended. Motion carried.

5. Approval of Minutes
A. Special Meeting of City Council of April 19, 2008
B. Committee of the Whole Meeting of City Council of April 21, 2008
C. Regular Meeting of City Council of April 21, 2008
D. Closed Session Minutes of City Council of April 21, 2008
Motion by Bailey with support from Waddell to approve
meeting minutes as presented. Motion carried.

Item #9A. Motion to adopt for Second and Final Reading Ordinance No. 03-2008 amending the Code of Ordinances of the City of the Village of Douglas, Michigan, by replacing Section 95.01 of Title IX and repealing Sections 95.02, 95.03, 95.04, 95.06, 95.07 and 95.08 in their entirety of Title IX, relating to the regulation of noise.
Motion by Hoexter with support from Bailey to approve adoption of Ordinance No. 03-2008. Motion carried unanimously by roll call vote.

6. Appointments /Resignations
None

7. Proclamations/Awards
None

8. Public Communications (Limit of three minutes for comments regarding
agenda items)
A. Verbal:
1. Keith Charak, 938 Center Street, explained his letter to ask
the Planning Commission to consider reviewing regulations
for seasonal rentals.
2. Dave Hills, Water Street, commented the City is chasing people
out of town by allowing rental properties that do not provide
adequate parking for guests.
3. Dan Esterline, Dunes Resort, commented he supports Mr. Charak
in his request. Thanks Manager Kowal for all the work on the
noise ordinance.

B. Written:
1. Minutes of the Regular Meeting of the Saugatuck Township Fire District Board Meeting of March 10, 2008 and Workshop Meeting of March 24, 2008
2. Letter from Library Director dated April 22, 2008 RE: Banners
3. Letter from Gary Czerwinski dated April 28, 2008 RE: Business
License Fee
4. Letter from Becky Rininger, Allegan County Drain Commissioner,
dated April 25, 2008 RE: 2007 Annual Report (full report available for inspection in the Office of the City Clerk
5. Email from Dana Johnson dated April 24, 2008 RE: “Free Eco-Film Series”
6. Letter from City Manager to Mr.Peterson dated April 24, 2008 RE:
Reimbursement of City Funds and Response Letter from Mr. Peterson to City Manager dated April 28, 2008
7. Letter to City Council from Mr. Keith Charak; Sherwood Forest Bed & Breakfast
8. Public Notice of Meeting Cancellation; Regular Police Commission Meeting of May 14, 2008
Written communications noted as received and filed.

9. Unfinished Business
A. Moved forward.

B. Motion to Adopt for Second and Final Reading Ordinance No. 04-2008
Amending the Code of Ordinances of the City of the Village of Douglas,
Michigan, by adding Sections 95-30-95.30.3 to Title IX, Relating to
Grass and Noxious Weeds
Discussion of what qualifies as “landscaping”.
Motion by Waddell with support from Bailey to approve adoption of Ordinance No. 04-2008. Motion carried by roll call vote with Moore
voting “no”.

C. Motion to Adopt for Second and Final 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
20 days after adoption and publication.
Motion by Waddell with support from Moore to approve adoption of Ordinance No. 05-2008. Motion carried unanimously by roll call vote.

10. New Business
A. Motion to Adopt Resolution No. 32-2008 Approving a Proposal from
Ron Meyer & Associates Excavating, Inc., for Resurfacing Wiley Road
from Blue Star Highway to Western City Limit.
Pavement on Wiley will be milled and re-surfaced. The goal is to get
the water ponding off the pavement as soon as possible. The City entered
into an agreement for exchange of federal funds instead of taking the full
amount of the grant. The City elected to $55,000 with the condition that
money be used for repairs to Wiley Road. The proposal from Ron Meyer
Associates is $57,000 due to the fact that the road will be done at the same
time as Center Street. In the future the Capital Improvement Plan will
prioritize projects.
Motion by Hoexter with support from Bailey to approve
Resolution No. 32-2008. Motion carried unanimously by roll call vote .

B. Motion to Adopt Resolution No. 33-2008 Approving the City Manager’s
Employment Agreement Effective May 1, 2008.
Motion by Hoexter with support from Bailey to approve Resolution No. 33-2008. Motion carried unanimously by roll call vote

C. Motion to Adopt Resolution No. 34-2008 Approving the Municipal
Employees’ Retirement System (MERS) of Michigan Revised Uniform
Defined Contribution Program Resolution for Participation by the
City Manager.
Motion by Waddell with support from Bailey to approve
Resolution No. 34-2008. Motion carried unanimously by roll call vote.
Waddell requested a future work session with MERS.

D. Motion to Adopt Resolution No. 35-2008 Approving a Tolling Agreement
Regarding the Ring Property at 364 Lakeshore Dr.
The purpose of the tolling agreement is to allow parties to continue to
negotiate and exchange information subject to any existing claims and
defenses on the date of the Agreement.
Motion by Hoexter with support from Waddell to approve adoption of
Resolution No. 35-2008. Motion carried unanimously by roll call vote.

11. Staff Reports
A. Building/Planning/Zoning/Enforcement
1. Email dated April 17, 2008 from Messrs. Paul Sendra and Dale
Dietzel, 436 Amity, Douglas, MI, Objecting to the Proposed
Expansion of Existing Softball Field to Accommodate a Larger
Varsity Baseball Field at the Site of Douglas Elementary School;
Also Thanking Councilperson Waddell and Encouraging Others to
Walk the Site to Gain a Better Perspective.
2. Letter from Fire Chief Blok and Deputy Chief Janik dated April
28, 2008 RE: Site Plan Review Comments of Proposed Building
Addition at Douglas Elementary School
3. Letter from Fire Chief Blok and Deputy Chief Janik dated April
28, 2008 RE: Site Plan Review Comments of Proposed Varsity
Baseball Field at Douglas Elementary School.
4. Letter from Michigan Bureau of Construction Codes to Ms.
Broderick, Saugatuck Public Schools (SPS), dated April 1, 2008
RE: Michigan Department of Education (MDOE) Identification
of Deficiencies Contained in Site Plan Review of SPS Early
Childhood Center/Educare Facility. Also Attached is Letter from
Ms. Broderick, SPS, to Michigan Bureau of Construction Codes
dated February 19, 2008 Regarding SPS Submission of
“…….revised site plan that shows the location of the preschool
playground equipment.”
Items 1-4 were briefly reviewed and discussed. A letter will be sent to the
State Superintendent of Schools regarding the application of a site plan
review that was filled out and filed by Saugatuck Schools and not by the
City of Douglas.

12. Committee Reports
A. Planning Commission
Six members of the City Council attended the last Planning Commission
Meeting, therefore there was no need to report.

B. Community Recreation Advisory Board
No meeting.

C. Kalamazoo Lake Sewer and Water Authority
No meeting.

D. Park Improvements Implementation Ad Hoc Committee
A work session has been scheduled for May 6th at 11 Center Street.

E. Great Lake Navigation Stakeholder Meeting held in Chicago, IL on
April 23, 2008
F. Michigan Small Harbors Coalition Meeting held in Lansing, MI on
April 29, 2008
Bailey reported on both meetings and left a written report for each
Council member.

13. Council Comments
Hoexter thanked Bailey for the report and related it is imperative to get the
Harbor Advisory Committee into action.

Moore also thanked Bailey for the report.

Harvath commented the Saugatuck School Administrators are responsible for
forming our future generation.

Bailey related she is happy to continue to attend any Harbor meetings until the
Harbor Advisory Committee is up and running.
Bailey feels it is very important to look at seasonal rental properties and the
parking issues.

14. Mayor’s Report/Comments
Balmer and council members thanked Manager Kowal for all his work.

15. Approval of Invoices
A. Consideration of Approval of Invoices dated 5/1/08
Motion by Waddell with support from Harvath to approve invoices totaling $56,531.34. Motion carried unanimously by roll call vote.

B. Consideration of Approval of Payroll for the Month Ended April 30, 2008
in the amount of $52,650.37.
Motion by Waddell with support from Bailey to approve
payroll for the month ended April 30, 2008. Motion carried unanimously
by roll call vote.

16. Manager’s Report
A. Center Street reconstruction began this morning from Washington to
Union Street. Center Street from Blue Star to Union will be kept open
until after Tuesdays election. Reconstruction should be completed in
two to three weeks. The parking spaces will not be repaved but will
get new striping after the street is completed. Construction on Wiley
Road will begin Tuesday, May 6th with little or no warning to the
Summer Grove residents.

B. A stop work order was issued last Thursday for construction at
Center Street and Chestnut Lane. A berm and landscape plantings
are in the right-of-way.

C. Running Rivers Kayak Rental is again requesting the use of the garage
at Wade’s Bayou. Since last year the City has purchased new DPW equipment and trucks that are stored in the garage a review of the lease will happen before a rental agreement is signed.

D. Council is thanked for their kind words and approval of the manager’s
contract.

17. Hear from the Audience (Limit three minutes for general comments)
A. Dave Hills, Water Street, commented on the Water Street curve, people
driving on the grass and almost hitting the telephone pole. Suggested
adding the wording “if detrimental to the health and safety of the citizens”
to the grass and noxious weed ordinance.

B. Daryl Parlin, Corkscrews, asked about obtaining a liquor license for
the new Corkscrews location he wants to open in Douglas.
Manager Kowal explained a change of use requires Planning Commission
approval. Ryan Kilpatrick met with Mr. Parlin last fall describing the site
plan process. The City has heard nothing more from the petitioner until
May 2nd. A public hearing is required and a site plan must be approved
before the liquor license can be granted.

18. Adjournment
The meeting was adjourned at 9:15 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 May 5, 2008. I further certify that the meeting was duly called and that a quorum was present.

________________________________________ __________________
Jean E. Neve, City Clerk Date