THE CITY OF THE VILLAGE OF DOUGLAS
MEETING OF THE CITY COUNCIL
MINUTES
Monday, August 20, 2007
7:00 p.m.

Motion by Mayer with support from Hoexter to appoint Waddell to chair the meeting in the absence of the Mayor and Mayor Pro Tem. Motion carried.

1. Call to Order/Roll Call
The meeting was called to order at 7:00 p.m. by Councilperson Waddell
Members Present: Hoexter, Mayer, Moore, Waddell
Absent: Bailey, Balmer, Laughner
Also Present: City Manager Kowal, and Clerk Neve.

2. Pledge of Allegiance - Waddell

3. Changes/Additions/Deletions to Agenda
Motion by Mayer with support from Moore to approve the agenda as presented.
Motion carried.

4. Approval of Minutes
A. Committee of the Whole Meeting - August 6, 2007
B. Regular Meeting of City Council - August 6, 2007
C. Closed Session - August 6, 2007
Motion by Mayer with support from Hoexter to approve the meeting minutes from August 6, 2007. Motion carried unanimously by roll call vote.

5. Appointments/Resignations
None

6. Proclamations/Awards
None

7. Public Communications (Limit of three minutes for comments regarding
agenda items)
Verbal:
A. Dave Hills, Water Street, asked about any plan to reconstruct Water
Street past his residence to the DPW garage. He commented the council
should think seriously about repairs to the Blue Star Bridge. Promised to
bring lawsuit if anyone would be injured should the bridge collapse.
Comment on brush collection and related he has spoken to DPW
workers about the request to pile branches with cut ends going in same
direction.

B. Judge Joseph Skocelas, 57th District Court, presented the 2006 Annual
Report on County Courts. Spoke about plans to bring real court cases
into the schools.

C. Mary Jones, Allegan County Resource Recovery, spoke briefly about the
success of the recycling program with volumes increasing yearly. Our
contract with Resource Recovery runs until 2010.
Attorney Mulder will be asked about a feasibility study regarding
combining services with City of Saugatuck. Council members related
some funds had been set aside to move forward with a study.

Written:
A. Communication from R.J. Peterson dated August 14, 2007 RE: Harbor
Matters
Kowal reminded council that any site changes will still need to be
brought before the Planning Commission regardless of how many
permits from DNR, DEQ, or the State are received.
B. Letter of Commendation; City Clerk, Jean E. Neve
C. Letter from City Manager to Michael Hoffman and Michael Doriean
dated August 8, 2007 RE: Response to Request for Beach Signage
D. Letter from Comcast dated August 8, 2007 RE: Digital Converter
Requirement
E. Michigan Municipal League (MML) State & Federal Affairs Division
Issue Advisory dated August 8, 2007 RE: Michigan Infrastructure Funding
F. Letter from Robert & (Marilyn) Kay Sapita RE: Speeding Motorists
on Center Street
G. Michigan Township Services Permits Report for July 2007
H. Letter from Dick Waskin to City Council and Manager RE: Planning
& Zoning Matters
Written communications noted as filed and received.

8. Unfinished Business
A. Motion to Adopt Ordinance No. 02-2007 to Amend the Ordinance Code
Of the City of the Village of Douglas, Being Ordinance No. 02-2007 of
The City of the Village of Douglas, by Amending the Zoning Map of the
City of the Village of Douglas, Michigan, which Map is Incorporated by
Reference in Section 3.02 of said Code (2935 Blue Star Hwy.); Second &
Final Reading
Motion by Hoexter with support from Mayer to approve
Ordinance No. 02-2007 to amend the zoning map by reference
in Section 3.02 of the Ordinance Code from L-1 Light Industrial to C-2 General Commercial (2935 Blue Star Hwy.)
Moore related he is very much against spot zoning one piece of property
within an Industrial district. Planning Commissioner VanPelt explained
the thoughts of the Planning Commission by saying they were in favor
of the zoning change for this property. Commissioners thought it to be
a benefit that the LP tank will be removed and the proposed restaurant
seems to fit well on Blue Star Highway. The restaurant will be family
oriented with affordable pricing.
Motion carried unanimously by roll call vote.

9. New Business
A. Motion Designating City Clerk, Jean E. Neve, as the Official
Representative of the City of the Village of Douglas and Authorizing Her
To Act and Vote on the City's Behalf at the Michigan Municipal League
Annual Conference on September 18-20, 2007.
Motion by Mayer with support from Hoexter to designate City
Clerk, Jean E. Neve as the official representative of the City of the Village
Of Douglas and authorize her to act and vote on the City's behalf at the
Michigan Municipal League Annual Conference on September 18-20, 2007. Motion carried unanimously by roll call vote.

B. Motion to Adopt Resolution No. 50-2007 Approving the Request
from Lakeview Lanes Acquisition, Inc. to Transfer Ownership of
2007 Class "C" Resort Licensed Business, Issued Under MCL436.1531(2)
with Dance Permit, from API West Shore. LLC Located at 220 W.
Center, City of Douglas, Allegan County, Michigan.
Motion by Moore with support from Mayer to approve
the Liquor License transfer request to Lakeview Lanes Acquisition
from API West Shore, LLC at 220 W. Center Street. Motion carried
unanimously by roll call vote.

C. Motion to Adopt Resolution No. 51-2007 Approving an Agreement
between the City of Douglas and the Saugatuck-Douglas Historical
Society for the Administration of a State of Michigan Grant Agreement
(Grant No. 07C10017ZZ).
Motion by Moore with support from Hoexter to approve an
agreement between the City of Douglas and the Saugatuck
Douglas Historical Society for the administration of a State of Michigan
Grant Agreement. Motion carried unanimously by roll call vote.

D. Motion to Accept for First Reading an Ordinance to Amend the City
of the Village of Douglas' Zoning Ordinance by Adopting a New
Section 27.11 Entitled Moratorium on Filing, Review and Approval
of Site Plans for Planned Unit Developments, Condominiums or
Platted Subdivisions.
Motion by Hoexter with support from Mayer to accept for
first reading an ordinance to amend the Zoning Ordinance
by adopting a new Section 27.11 entitled Moratorium on Filing, Review
and Approval of Site Plans for Planned Unit Developments,
Condominiums or Platted Subdivisions. Motion carried unanimously by
roll call vote.

10. Staff Reports
A. Building/Planning/Zoning/Enforcement
1. Vacant Parcel (northwest corner of Center/Washington)
Kowal related he has a meeting with the property owners. A
proposal for future use of the property will be coming to
council.

2. 93 Water Street; Chad Kalkman (see attached letters from City
Attorney Mulder and from Kalkman Attorney, William A. Sikkel.
Kowal related two "stop work" orders have been placed on this
construction. The City has three issues dealing with the proposed
driveway cut, emergency vehicle access and required setbacks.
MTS has indicated their "stop work" order will not be removed
until the above issues have been cleared up. MTS feels the
problems with construction can be settled. An engineer will be
asked to review the stability of Water Street due to the structure
placement has undermined the road.
Kowal commented the ZBA was asked to clarify who will make the determination of variances to the setback requirements. At
93 Water the 25 ft. front yard setback is reduced to about 6 feet.
ZBA indicated they will make determinations on a case-by-case
basis. The determination will not be the choice of the Zoning
Administrator or Manager.

3. Park Street Paving
Kowal indicated this will be an on-going concern. The road is
currently gravel with utility, emergency access and watermain
issues. Park Street was developed by an LLC who may not even
still be in business. One home on Fourth Street does not have road
access except through a Park Street parcel.

4. Borlund Mini Storage (see attached letter from City Attorney
VanderVeen)
Kowal indicated this also is an on-going issue. There is still a
list of items yet to be fixed. Rental trucks are being stored and
leased on the property. It is frustrating that permits were issued
before proper procedures and infrastructure were in place. Permits
are the only leverage the City has. The developer should be held
responsible for performance bonds. Mr. Borlund was advised to
come back before Planning Commission with a phased site plan.

11. Committee Reports
A. Zoning Ordinance Ad Hoc Committee
Waddell reported the ordinance review is going well. Performance bonds
were discussed.

B. Planning Commission
Waddell reported on discussion of the proposed moratorium on
filing, reviewing and approval of site plans for Planned Unit
Developments, Condominiums or Platted Subdivisions. Planning
Commission voted to recommend the moratorium and send the
proposed ordinance amendment to the council for first reading.

C. Joint Planning Commission
The newly formed commission has accepted rules and regulations
governing the body. The goal is to review the Tri-Community Plan
and make recommendations to the three municipalities that will be
used in decision making.

D. Zoning Board of Appeals
Kowal reported, as Zoning Administrator, he asked for an interpretation
of the intent, purpose and application of Section 6.07 Alternative Setback
Provisions and Section 16.09 Front Setback Reductions.

12. Council Comments
Hoexter complimented Kowal for his hard work.
Mayer asked if the zoning ordinance re-write will be done by the end of the year.
She offered her thanks to Planning Commission members.
Moore commented on the sanitation flow study saying 15,000 gallons is about
6% of our unused capacity.
Moore asked about the core compaction samples taken on Center Street. Kowal
related a meeting was held last week with the many contractors/engineers.
Independent contractors were asked to do the sampling. No core samples
presented themselves to be extremely bad or not adhering to standards. Kowal
will continue to meet with the contractors. He feels that while the issue is becoming more complicated the responsibility remains with the contractors and engineers.
Waddell also complimented Kowal for his work. She stated she realizes the
hefty attorney bills are justified right now to get things straightened out.
Waddell suggests Kowal provide council with a manager evaluation form and include discussion at the Committee-of-the-Whole meeting on September 17th.
Mayer asked about the sign violation at 11 Chestnut Street. The next step will
be to the city attorney. She also asked about the DDA making decisions
regarding Christmas decorations for the city. She feels those decisions should
involve council.

13. Mayor Report/Comments
None

14. Approval of Invoices
A. Consider approval of invoices dated August 16, 2007
Motion by Mayer with support from Hoexter to approve payment of invoices dated August 16, 2007 in the amount of $98,459.59 Motion carried unanimously by roll call vote.

15. Manager's Report
A. The emergency warning siren is scheduled to be tested on Friday
at 11:00 a.m. The siren will be tested for longer than a three minute
period to determine if volume adjustments are needed.

16. Communications from the Audience (Limit of three minutes for general
comments)
Dave Hills, Water Street, complimented council on doing a fine job.

17. Adjournment
The meeting adjourned at 9:10 p.m.

Respectfully submitted by:

Jean E. Neve, CMC
Clerk

Approved by: ____________________________________________________________
Matt Balmer, Mayor