THE CITY OF THE VILLAGE OF DOUGLAS
MEETING OF THE CITY COUNCIL
MINUTES
Monday, June 2, 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
Additions: Item #8B-7 Letter to Superintendent Wood
Item #8B-8 Notice from Allegan County Sheriff RE: Drowning
Back-up documents added to Item #10-C
Motion by Harvath with support from Hoexter to approve the agenda as amended. Motion carried.

5. Approval of Minutes
A. Committee of the Whole Meeting of City Council of May 19, 2008
B. Regular Meeting of City Council of May 19, 2008
C. Closed Session Minutes of City Council of May 19, 2008
Motion by Moore with support from Mayer to approve
meeting minutes with one correction to the Closed Session Meeting Minutes. 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:
No public comments were heard.
B. Written:
1. Letter from Aggregate Industries dated May 19, 2008 RE:
Anticipated Price Increases in the Liquid Asphalt Cement (AC)
Market Due to Volatility in Crude Oil Prices
2. Legislative Link from Michigan Municipal League; May 27,
2008 (incorrectly states date as March 27, 2008)
3. Letter from Mr. R.G. Poetsch dated May 27, 2008 RE: Summary
of Interurban Transit Authority Board Meeting of May 20, 2008
4. Letter from Mr. Alan McPhail to City Manager dated May 23, 2008 RE: Saugatuck-Douglas Greenmarket Committee
5. Minutes of the Saugatuck-Douglas Area Community Leaders Meeting of May 21, 2008
6. Minutes of the Saugatuck Township Fire District Regular Meeting
of April 14, 2008, Workshop Meeting of April 28, 2008, and Special Workshop Meeting of May 6, 2008, are available upon request in the office of the City Clerk
7. Letter to Superintendent Tim Wood, Saugatuck Public Schools, RE: Douglas Elementary School Building Classroom Addition
8. News Release from Allegan County Sheriff’s Office RE: May
31, 2008 Drowning.
Kowal commented the anticipated price increases in liquid asphalt will most
certainly have a bearing on how much road reconstruction the City can afford
to complete.
A letter will be sent to Alan McPhail, Manager of the Saugatuck-Douglas
Greenmarket suggesting the market be expanded to Douglas.
Written communications noted as received and filed.

9. Unfinished Business
None

10. New Business
A. Motion to Approve the Saugatuck Township Fire District Annual Budget
for Fiscal Year 2008/2009
Motion by Bailey with support from Harvath to approve the Saugatuck Township Fire District Annual Budget for FiscalYear 2008/2009. Motion carried unanimously by roll call vote.
B. Motion to Adopt Resolution No. 42-2008 Changing MERS Benefits
Motion by Waddell with support from Mayer to approve adoption of Resolution No. 42-2008 changing MERS benefits. Motion carried unanimously by roll call vote.
C. Motion that the Council of the City of the Village of Douglas Authorize
the Law Firm of Cunningham Dalman P.C. to Institute Litigation Against
the Principals of Blue Coast Properties, LLC (dba Blue Moon Bar and
Grill) to Enforce the Conditions Made as Part of the Planning Commission
Site Plan Approval Process for the Addition to the Subject Business, and
to Seek Recovery of Costs and Attorney Fees Related Thereto, Unless All
Conditions are Completed to the Full and Complete Satisfaction of the
City’s Zoning Administrator by June 16, 2008 (see letter from City
Attorney Mulder dated May 28, 2008)
Motion by Waddell with support from Hoexter to authorize Cunningham Dalman to proceed with litigation against Blue Moon Bar and Grill. Motion carried unanimously by roll call vote.

D. Motion to Adopt Resolution No. 43-2008 Approving a Proposal from
Abraham & Gaffney, P.C., for Professional, Independent Governmental
Auditing Services
Motion by Waddell with support from Bailey to approve adoption of Resolution No. 43-2008 accepting audit proposal from Abraham & Gaffney. Motion carried unanimously by roll call vote.
E. Motion to Adopt Resolution No. 44-2008 Approving an Agreement
Regarding Use of Wade’s Bayou Park and Facilities (Running Rivers,
Inc.)
Motion by Hoexter with support from Mayer to approve adoption of Resolution No. 44-2008 for Running Rivers, Inc. Motion carried unanimously by roll call vote with Waddell recusing herself due to her
relationship to Mike Phillippe, Running Rivers, Inc.

11. Staff Reports
A. Building/Planning/Zoning/Enforcement
1. Letter from City Attorney Mulder to Mr. Irvin Poke, Michigan
Bureau of Construction Codes (BCC), dated May 20, 2008 RE:
“Environmental Approvals” Section of the Local Governmental
Agency Review Form (BCC-321) Submitted by the Saugatuck
Public Schools with Regard to the BCC’s Review for Compliance
of the Early Childhood Center and Accompanying Playground
with Michigan Department of Education Site Plan Criteria
Kowal reviewed letter.
Mayer commented she wanted everyone to realize that this is
only about following our own ordinances, nothing more.

2. Letter from Planning & Zoning Consultant, Ryan Kilpatrick, to
Mr. R.J. Peterson, Tower Marine, dated May 27, 2008 RE: Notice
that site plan submitted with letter dated May 15, 2008 is deficient,
identification of deficiencies, and advertisement that the subject
site plan will not be submitted to the Planning Commission until
the application for site plan approval and site plan contains all
required items.
Kowal reviewed letter.

3. Letter from Planning & Zoning Consultant, Ryan Kilpatrick, to
Ms. Amy Broersma, GMB Architects, RE: Response to Request
for Local Setback Information
Kowal reviewed letter relating GMB Architects are the architects
working for Saugatuck Public Schools.

4. Letter from City Manager Kowal to Mr. Irvin Poke, Bureau of
Construction Codes, dated May 29, 2008 RE: Douglas Elementary
School Building Addition
Kowal reviewed stating the 321 Form has been resubmitted with
City approvals for the classroom building addition only.

5. Letter from City Manager Kowal to Mr. Richard Waskin, WPH
Landholdings, LLC, dated May 29, 2008 RE: Fire Damaged
Building Located at 10 E. Center Street
Temporary signs have been requested by the merchants directing
visitors to more stores beyond 10 E. Center.
Harvath asked about assuring that if damage occurs when the
building is demolished WPH Landholdings will be responsible for
repairs to infrastructure.
Kowal responded there will be a letter of credit in place for such
occurrences.

12. Committee Reports
A. Planning Commission
Beginning in June 2008 the Planning Commission will change its’ regular meeting day to the second Wednesday of each month.

B. Community Recreation Advisory Board
Kowal reported on attending a four-hour Community Recreation meeting
Discussing the 5-year recreation plan.

C. Kalamazoo Lake Sewer and Water Authority
No report

D. Park Improvements Implementation Ad Hoc Committee
No report

13. Council Comments
Hoexter is glad to see the City moving ahead with zoning enforcement issues. She
feels like it is sending a message to all that Douglas will abide by its’ ordinances.
Waddell commented she likes to see the reports from Treasurer Drexler and
Consultant Kilpatrick. Comments on how nice the flags and banners look. She
expressed disappointment at how the Center / Washington intersection looks.
Kowal related he is upset with the milling process, the lack of street clean-up and
poor quality repainting. The final product is disappointing but it does now pass MDOT inspection.
Moore related he feels the noxious weed ordinance is unenforceable. If we are to
enforce the ordinance equally we should have someone finding properties that have weeds over 12 inches high. Moore also commented the Saugatuck Public
School District is costing the City money to defend itself and the taxpayers are
paying twice.
Harvath questioned if there is a way to recover any defense fees from the school
since the school serves all three communities. Kowal responded “no” because it
is only the City of Douglas’ ordinances that are being defended.
Bailey commented she attended the Community Leaders Meeting in May. She
was interested to learn what is happening in the other communities.
Mayer related the weed ordinance took over two years to create and adopt. At
least now we have something in place.
Bailey added the ordinance is an avenue to use when residents come into City
Hall to complain we can have someone go out to investigate.
Balmer agreed saying when there is a complaint there is an ordinance to enforce.
Hoexter reported since the Dunes have turned their outdoor speaker around she
cannot hear the music. She thinks the speakers were turned as a result of the
noise ordinance.

14. Mayor’s Report/Comments
None

15. Approval of Invoices
A. Consideration of Approval of Invoices dated 5/29/08
Motion by Waddell with support from Bailey to approve invoices dated 5/29/08 totaling $212,126.02. Motion carried unanimously by roll call vote.
B. Consideration of Approval of Payroll for the Month Ended May 31, 2008
in the amount of $55,831.08.
Motion by Hoexter with support from Bailey to approve payroll for month ended May 31, 2008. Motion carried unanimously by roll call vote.

16. Manager’s Report
A. The meeting with Attorney King regarding Harbor Commission went
very well. It continues to be challenging to establish a purpose that
the Commission should accomplish, create by-laws and designate
membership.
B. Attorney King will also be working on the Tower Marina permits,
right-of way, utility and easement issues.
C. The 2008-2009 budget will be presented for adoption at the June 16th
meeting. There will be no changes to the City operating and road
millages. Treasurer Drexler will prepare revenue reports for the
June 12th budget workshop session at 6:00 p.m.
17. Hear from the Audience (Limit three minutes for general comments)
Barbara Crandell, 252 Lakeshore, complimented City Staff and remarked
how nice the City looks.

18. Adjournment
The meeting was adjourned at 8:30 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 June 2, 2008. I further certify that the meeting was duly called and that a quorum was present.

________________________________________ __________________
Jean E. Neve, City Clerk Date