APPROVED MINUTES
THE CITY OF THE VILLAGE OF DOUGLAS
PLANNING COMMISSION
DOUGLAS CITY HALL
Wednesday, May 21, 2008

1. The meeting was called to order at 7:00 PM by Acting Chairperson Nern.

2. Roll call: Dave Burdick, Ron Dellartino, Alexa Urquhart, Karen VanPelt, Chris Nern; also in attendance: Ryan Kilpatrick, Planning Consultant, Williams and Works; Andy Mulder, City Attorney; Dave Kowal, City Administrator
ABSENT: Renee Waddell

3. Approval of Minutes

A. Planning Commission Special Meeting Minutes of April 16, 2008
Motion by Urquhart, second by VanPelt, to approve the Minutes as presented
Motion carries

B. Planning Commission Special Meeting, closed session Minutes of April 16, 2008
Motion by Urquhart, second by Dellartino, to approve the Minutes as presented
Motion carries

C. Planning Commission Regular Meeting Minutes of April 16, 2008
Motion by Urquhart, second by Burdick, to approve the Minutes as presented
Motion carries

D. Planning Commission Workshop Meeting Minutes of May 7, 2008
Motion by Urquhart, second by Burdick, to approve the Minutes as presented
Motion carries

4. Agenda Changes/Additions/Deletions
Kowal wished to add to 8.A.4 correspondence received after the agenda had been distributed
1. Letter form Jim Wiley dated May 19, 2008 RE: opposition to the expansion of the baseball field located adjacent to the playground of the Douglas Elementary School
2. e-mail from Sendra/Dietzel dated May 21, 2008, RE: opposition to the proposed baseball field adjacent to Douglas Elementary School
3. Letter from Tim Woods, SPS Superintendent, dated May 20, 2008 RE: field lights at the proposed Baseball field to be located at the Douglas Elementary School
Kowal also wished to add letter from Saugatuck Fire District letter under 8. B. 3

Motion by Urquhart, second by Burdick, to approve the agenda as amended
Motion carries

5. Election of Officers

In accordance with Article 5 of the Planning Commission By-laws, an annual organizational meeting shall be held each year at the regularly scheduled May meeting of the Commission. Nominations shall be made from the floor at the annual organizational meeting and election of officers shall follow immediately thereafter. A candidate receiving a majority vote of the entire membership of the Commission shall be declared elected, and shall serve for one year or until his/her successor shall take office. Officers to be elected include: Chairperson, Vice- Chairperson, and Secretary.

Motion by Urquhart, second by Burdick, to nominate Chris Nern as Chairperson
Burdick, yes; Dellartino, yes; Urquhart, yes; VanPelt, yes; Nern, yes
Motion carries

Motion by Burdick, second by Urquhart, to nominate Ron Dellartino as Vice-Chairperson
Roll Call Vote
Burdick, yes; Urquhart, yes; Nern, yes; VanPelt, yes; Dellartino, yes
Motion carries

Motion by Urquhart, second by Dellartino, to nominate Karen VanPelt as Secretary
Urquhart, yes; Dellartino, yes; Burdick, yes; Nern, yes; VanPelt, yes
Motion carries

6. Hear from the Audience

Andy Mulder, City Attorney, spoke to the room that there is a change in the expected outcome of tonight’s meeting as a result of the submission of a document from the Michigan Bureau of Construction Codes. The state has asked for additional information regarding the submitted site plan for the baseball diamond to be constructed at the Douglas Elementary School property. Information included in the agenda will be pre-empted by the staff recommended tabling motion if the Commission moves in that direction.

Jim Wiley, 314 Union, stated his confusion between the agenda and the letter from the BCC. The architects received this letter on April 28th? It seems to show that there are significant problems with the state. Nern asked that the abbreviation BCC be explained. Mulder stated it stands for Bureau of Construction Codes; the state statute gives authority to the Michigan Department of Education (MDOE) Superintendent to contract with the Bureau of Construction Codes (BCC) regarding items within the state’s jurisdiction. He also wished to remind the body that this meeting is not a Public Hearing.

Paul Sendra, 436 Amity, speaking about the proposed baseball diamond said that it was being force fit into too small an area. He also asked that item #7 be explained (from the BBC letter to GMB Architects.) Nern said that the document speaks for itself. Kilpatrick said that the item is referencing that a structure needs to be measured from the bottom to the top and said structure needs to be that distance from the property line. Mulder said that the city has not had a discussion on these matters with the state. Kowal said that the city had received this document for the first time yesterday. Sendra also spoke about the trees being proposed by the Saugatuck Public Schools as a screening along the property line and said that twelve new evergreens along a 200 foot area will not be sufficient.

Kathleen Piggins, 762 Wilderness Ridge, spoke of the positive people who whole-heartedly support the schools and what they are trying to do with the facilities.

Tara Frey, 483 Amity, said that people do support the schools even though they don’t agree with everything.

7. Written Communication

A. Michigan Township Services Report
No discussion

8. New Business
A. Motion to approve, approve with conditions, deny, or table the proposed application for Special Use Permit from the Saugatuck Public School District.

Consideration of an application for expansion of and addition to a Special Use Permit submitted by the Saugatuck Public School District. The property in question involves parcel numbers 03-59-016-047-00 and 03-59-016-065-21 and is commonly known as Douglas Elementary School on Randolph Street, Douglas, Michigan. The Saugatuck Public School District is proposing to expand the existing elementary school softball field to accommodate a larger high school varsity baseball field. The Planning Commission will consider the special use request and the off-site conditions of the proposed expansion and addition.

Kowal began the discussion by indicating that the city had received the letter from the Michigan Bureau of Construction Codes addressed to Mr. David Wilkins at GMB Architects pertaining to the review for compliance with the Michigan Department of Education Site Plan Criteria of the project number 78122 - Allegan, Douglas Elementary School. He read the letter in its entirety into the record. Attached
Kowal continued that the city only very recently became aware of this. The city had not been aware that the Saugatuck Public Schools had submitted the plans for review. This certainly changes the staff recommendation; to give time to review the requirements, to speak to the state. Mulder said that it is important within the context of this motion, we are aware that the Saugatuck Public Schools have made plan modifications that were delineated at the April 16 meeting. They have shown an effort to comply. However, the state is raising jurisdiction issues that may have to be modified so that the plan that we have before us may not be the plan that they might otherwise review and then approve. This is the reason for the staff recommendation that we table this evening.

Motion by Dellartino, second by Urquhart, that further action on the Special Use Permit of the Saugatuck Public Schools for the proposed varsity baseball field be tabled until the City of the Village of Douglas receives a site plan reviewed and approved by the Michigan Department of Education. The motion is based on the receipt of the April 24, 2008 letter of the Bureau of Construction Codes indicating that the submitted site plan of the Saugatuck Public Schools requires additional information, modification, and review of the Bureau.

Discussion:
Burdick asked if by requiring an approved site plan, the Planning Commission puts the School District into the position that they can’t get approval. Mulder said that he had spoken with Irvin Polk, Head of the Planning and Review Division, and asked if that would mean that the Bureau of Construction Codes would not make a recommendation to the Michigan Department of Education. He responded that would not slow them down; they want completion of the form #ECC321, referenced as item #2 in their letter and will continue with the review process. Burdick continued; and yet they need this letter signed by the city. I don’t wish to be put into that kind of a situation. When we get the final plans we can review them. Urquhart added that the commission still needs an environmental approval for soil erosion; it makes sense for us to table this until we can look at those along with the off-site issues. Kowal said that the Planning Commission is still going to have to approve or deny the Special Use Permit.
Mulder suggested a change of language: instead of saying “approved” use reviewed and recommended” plan.

Moved to amend by Dellartino, second by Urquhart, the motion reads: That further action on the Special Use Permit of the Saugatuck Public Schools for the proposed varsity baseball field be tabled until the City of the Village of Douglas receives a site plan reviewed and recommended by the Michigan Department of Education. The motion is based on the receipt of the April 24, 2008 letter of the Bureau of Building Codes indicating that the submitted site plan of the Saugatuck Public Schools requires additional information, modification, and review of the Bureau

Roll call vote:
Dellartino, yes; Urquhart, yes; VanPelt, yes; Burdick, yes; Nern, yes
Motion carries

Agenda Materials included for Item 8A no longer pertinent

B. Motion to approve, approve with conditions, deny or table the request for site plan approval from Corkscrews.

Kilpatrick began with a brief overview of his memo to the Commission explaining that this would be a production and retail unit within an existing retail facility. Tasting will also be a part of the facility. In review of the original site-plan the parcel was an addition to the Elephant’s Trunk. This zoning district is designed to use existing on-street public parking and an increase in use is not foreseen. Deputy Fire Chief Greg Janik said that prior to the Fire Department review of the project he spoke with building official Dan Poll who sees this as a change of use.

Daryl Parlin, 1990 Sorrento Court, Holland, introduced himself as the owner of the business Corkscrews. He explained that there is a location in Holland and they are looking to expand their successful business. Wine is produced at the facility and customers are able to sample products on site. They have a license to produce from the State of Michigan. Kowal mentioned that the City Council has been presented the option to approve or deny the actual liquor license.

Urquhart questioned whether this is more or less like Tabor Hill in Saugatuck. Parlin said that it is classified as a small winery; otherwise both establishments do the same thing. Urquhart continued that it is not retail and not a restaurant: fits in the fun category.

Dellartino said that this is not going to change what has been approved for that space. Kowal asked if you intend to use the basement. Parlin responded that production would be in the basement. Burdick said that this is a problem that the Commission needs to address; we have been specifically charged with being very literal with our ordinance. Speaking personally, the consumption of alcohol would best be addressed in the new ordinance. Is this a new use? A reasonable person would look at this as a straight retail to retail. Kowal said that what tipped it for the staff was the on-site consumption of alcohol. Urquhart mentioned that they would not be bringing anything new into the district. Kowal said that in the rewrite it is what is….Burdick added that if it were a wine bar it would seem to be a more intense use. Kowal said that if a customer is tasting wine they may also purchase a glass of wine. Parlin responded that wasn’t correct; according to the statute we are not allowed to sell by the glass. A customer is allowed four free one ounce samples. If they wish more samples, we sell them the glass but the samples are still free. Kilpatrick said again that this was initially built as an addition to an existing business. Urquhart said that the change should bring in more people.

Motion by Urquhart, second by Dellartino, to approve the site plan for Corkscrews within the building located at 20 Center Street, property parcel number 03-59-100-011-50 with conditions for approval from the Fire District and Michigan Township Services.

Roll call vote:
Urquhart, yes; Dellartino, yes; VanPelt, yes; Burdick, yes; Nern, yes
Motion carries

C. Planning Commission Meeting Dates
Kowal explained that Mulder has scheduling problems with the third Wednesday of the month. Counsel’s expertise is appreciated at the meetings. It doesn’t look like the Workshop meetings should last beyond the Ordinance Review Approval. Mulder said that the second and fourth Wednesdays work; there is no conflict on Thursday, or any Tuesday. Discussion among the Commissioners (and the Recording Secretary) mostly opposed to Thursday. It was the decision of the commission to hold the Regular Meetings on the second Wednesday and the Workshop Meetings on the fourth Wednesday of each month.

Motion by Dellartino, second by Urquhart, to hold the Regular Meetings of the Planning Commission on the second Wednesday of the month, and the Workshop Meetings of the Planning Commission on the fourth Wednesday of the month, effective after the June 4, 2008 Workshop Meeting.

Roll Call Vote:
Dellartino, yes; Urquhart, yes; Burdick, yes; VanPelt, yes; Nern, yes
Motion carries

9. Unfinished Business

Urquhart questioned why the Blue Moon Driveway had still not been dismantled. Kowal stated that is still an issue; City Council supports taking that item to litigation. Mulder stated that the city did make a demand on the bond issuer. It is his recommendation that in the future a security letter be issued rather than a bond. There are limited defenses with a bond if the city wishes legal action. Kowal noted that not only were there letters of credit, there were certificates of occupancy that should not have been issued. Their attorney has been looking at the documents to see if they really need to take that action.

10. Zoning Administrators Report
A. Letter from Zoning Administrator, Dave Kowal, dated May 8, 2008. to attorney Philip Sheridan, Property Law Solutions RE: a request for appeal from the Zoning Administrator’s decision of July 7, 2007, pertaining to 127 Water Street.
Kowal explained that the structure at 127 Water Street had a Stop-Work order and this letter was in reference to that. It is well beyond the time that the owner could appeal the decision. It has already been before the Zoning Board of Appeals. In addition, the City Council approved a resolution that there is no viable, safe way to build a driveway; Council would not authorize a cut in the guardrail. The Saugatuck Fire district cannot fight a fire at that location.

11. Hear from the Audience

Jim Wiley, 314 Union Street wondered why the Saugatuck Public Schools would only turn over the letter yesterday; it is his understanding that for a $100 fee the district could have had approval from the state months ago.

12. Commissioner Comments

Nern apologized to Urquhart for using an incorrect first name to refer to her. (It is Alexa, not Ursula.)

Urquhart (Alexa, not Ursula) suggested to Mr. Wiley that he speak to the School District about his question. Glad that things are progressing congenially.

Dellartino: no comment

VanPelt: no comment

Burdick: glad that things are proceeding in a congenial way and that we have job-security through Tower Marine.

Kowal: Speaking of Mr. Peterson and Tower Marine, it was determined by Mr. Mulder and I that there could exist a conflict of interest by having Cunningham/Dalman represent the City in any issues relating to them. Those issues will be handled by Mr. Tom King.

Mulder: Just to clarify, a partner in the firm has handled much of the estate planning of the Peterson family over the years; we felt it best for appearances if he were to step aside.

Urquhart asked if RJ Peterson expected a response from the Commission.
Kowal said that the staff will meet this coming week just to discuss Mr.Peterson. There have been many letters; it is the understanding of the city that even if you are given a permit by the Department of Environmental Quality, you would still need to go through the Douglas Planning Commission. The Tower Marine was platted long ago; we want to go back to the beginning, proceed with title searches to know more about rights-of-way and easements. Urquhart: floating docks?

Motion by Urquhart, second by VanPelt, to adjourn the meeting at 8:27 PM
Motion carries

Respectfully submitted,

Alan McPhail
Recording Secretary