Village of Douglas Council Proposed Minutes

THE CITY OF THE VILLAGE OF DOUGLAS
MEETING OF THE CITY COUNCIL
MINUTES
Tuesday, September 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, Waddell
Absent: Moore
Also Present: Manager Kowal and Clerk Neve

3. Pledge of Allegiance - Mayor

4. Changes/Additions/Deletions to Agenda
Additions: Item #8A Verbal Communications
Mr. & Mrs. Geil, 3061 Peach St.
Mr. Terry Burns, Allegan County Commissioner
Item # 10H New Business, OktoberFest liquor license approval
Item #18 Closed Door Session with Attorney Mulder
Item #19 Adjournment

Motion by Bailey with support from Mayer to approve the agenda as amended. Motion carried unanimously by roll call vote.

5. Approval of Minutes
A. Special Meeting of City Council of August 12, 2008
B. Closed Door Session Minutes of City Council of August 12, 2008
C. Regular Meeting of City Council of August 18, 2008
D. Special Meeting of City Council of August 20, 2008
E. Closed Door Session Minutes of City Council of August 20, 2008
Motion by Hoexter with support from Waddell to approve meeting minutes as presented. Motion carried unanimously by roll call vote.

6. Appointments /Resignations
None scheduled

7. Proclamations/Awards
Proclamation of Gratitude and Thanks Extended to Chief Ken Giles and the Entire
Saugatuck-Douglas Police Department for their Outstanding Work Solving a
Recent Assault and Murder Attempt Case in the City of Saugatuck Resulting in a
Successful Conviction.
Balmer presented the proclamation to Chief Giles and the Saugatuck-Douglas
Police Department.
8. Public Communications (Limit of three minutes for comments regarding
agenda items)
A. Verbal:
1). Mrs Geil, 3061 Peach St., spoke on behalf of the Felkers Right
of Passage Easement Association regarding the Lakeside Dr.
emergency access and egress. The Association offered a $350
donation toward improvements to the access road. Attorney
Mulder provided a copy of a 1998 agreement in which the
Village/City is to be responsible for the keeping Lakeside Dr.
open to emergency vehicles. Kowal will work on getting an
engineering report for improvements to the access road.
2). Terry Burns, Allegan County Commissioner, reported on the
closing of Allegan County Hospital Psych Ward.
There is a new Senior Services Coordinator on board and the
County now offers Veteranā€™s Services at 1 (877) 676-5333.

B. Written:
1. Letter of Endorsement from Mayor Balmer to the National Trust
For Historic Preservation dated August 25, 2008, Submitted in Conjunction with the Convention & Visitors Bureau Application
for Inclusion of the City of the Village of Douglas on the 2009 List of “Dozen Distinctive Destinations”

2. Email from Ms. Kyle Latshaw and Ms. Loretta Yoder dated August 15, 2008 RE: Appreciation of City Positions/Actions with Regard to Current Matter with the Saugatuck Public Schools

Written communications noted as received and filed.

9. Unfinished Business
None Scheduled

10. New Business
A. Motion to Reconsider Adoption of Resolution No. 60-2008 Approving the Purchase of a New 2009 International Plow Truck Chassis through MiDEAL; Michiganā€™s Cooperative Purchasing Program.
Motion by Waddell with support from Hoexter to approve adoption
of Resolution No. 60-2008 for the purchase of a 2009 International Plow Truck Chassis. Motion carried 5-1 with Waddell casting a “no”
vote.

B. Motion to Adopt Resolution No. 61-2008 Approving the Proposal of
Truck & Trailer Specialties for Required Plow Truck Equipment.
Motion by Hoexter with support from Bailey to adopt
Resolution No. 61-2008 approving proposal for required plow truck
Equipment. Motion carried with Waddell casting a “no” vote.

C. Motion to Adopt Resolution No. 62-2008 Declaring City of the Village
of Douglas Property Surplus and Authorizing Disposition.
Motion by Mayer with support from Hoexter to adopt
Resolution No. 62-2008 declaring a property surplus and authorizing
disposition. Motion carried with Waddell casting a “no” vote.

D. Motion to Adopt Resolution No. 63-2008 Authorizing the City Manager
to Extend an Employment Offer for the Position of Part-time
Receptionist/Clerk in Accordance with Section 5.2 of the Charter of the
City of the Village of Douglas.
Motion by Hoexter with support from Mayer to adopt
Resolution No. 63-2008 authorizing the City Manager to extend an
employment offer for the position of part-time receptionist/clerk. Motion
carried by roll call vote with Waddell abstaining.

E. Motion to Adopt Resolution No. 64-2008 Approving an Independent
Contractor Agreement for Assessing Services between the City of the
Village of Douglas and Kelley Ziesemer.
Motion by Harvath with support from Mayer to adopt
Resolution No. 64-2008 approving Independent Contractor
Agreement with Assessor Kelley Ziesemer. Motion carried
unanimously by roll call vote.

F. Motion to Adopt Resolution No. 65-2008 Approving the Transfer of
Ownership of 2008 Class “C” Liquor Licensed Business Located in
Escrow at 8 Center Street, Douglas, Michigan, 49406, Allegan County,
From J.V.L. Ventures, L.L.C., to Christoā€™s Roadhouse, Inc., Including
Dance-Entertainment, and Transfer Location to 2935 Blue Star Highway,
Douglas, Michigan, 49406, Allegan County.
Motion by Harvath with support from Waddell to adopt Resolution No. 65-2008 approving the transfer of 2008 Class “C” Liquor License from J.V.L. Ventures, L.L.C to Christoā€™s Roadhouse, Inc. Motion carried unanimously by roll call vote.

G. Motion Designating Councilperson Diane Bailey as the Official
Representative of the City of the Village of Douglas at the 2008 Michigan
Municipal League (“MML”) Annual Convention to be held October 1-4,
2008, with Equal Voting Privileges as all other MML Member
Representatives.
Motion by Harvath with support from Mayer to approve designating Diane Bailey as the Official Representative to the MML Annual Convention. Motion carried by roll call vote with Bailey abstaining.

H. Motion to Adopt Resolution No. 66-2008 Approving the Application for
Special One-Day License for Sale of Beer and Wine for OktoberFest 2008 on October 4th.
Motion by Waddell with support from Hoexter to adopt Resolution No.
66-2008 approving application for OktoberFest Liquor License. Motion
carried unanimously by roll call vote.

11. Staff Reports
A. Building/Planning/Zoning/Enforcement
1. Letter from Ryan Kilpatrick, Planning & Zoning Consultant,
to Mr. R.J. Peterson, dated August 25, 2008 RE: Site Plan
Submission dated April 24, 2004

2. Letter from City Attorney, Thomas G. King, Kreis Enderle,
Hodgins & Borsos, to Attorney George Bauer, Hann Persinger,
P.C., dated August 25, 2008 RE: Issues Involving Mr.
Peterson and/or Tower Marine/Kalamazoo Ferry Company

Letters noted as received and filed.

12. Committee Reports
A. Planning Commission
Planning Consultant Larry Nix will bring the Zoning Ordinances back to
the Planning Commission for a look at corrections/adjustments.

B. Community Recreation Advisory Board
A resolution in support of the Community Recreation 5-Year Plan will be
presented at the next council meeting.

C. Kalamazoo Lake Sewer & Water Authority
No report.

D. Park Improvements Implementation Ad Hoc Committee
The cooperative purchasing agreement is in place. DPW Superintendent
Rodgers has been looking into things he and his department can do to save
the City money on park improvements.
A meeting has been set for September 11th to discuss the ice rink.

13. Council Comments
Bailey commented on how nice the new banners look. She would like council to
consider options for storing new DPW equipment.
Harvath related the past weekend was very busy and the City looked wonderful.
He feels it is extremely important to find storage for the new equipment.

Hoexter offered compliments to Assessor Ziesemer and the wonderful job she has
done cleaning up records and the service given to citizens. The Bridgewalk was a
success and the new banners look great.

14. Mayorā€™s Report/Comments
None

15. Approval of Invoices
A. Consideration of Approval of Invoices dated 8/29/08 in the
amount of $87,757.62.
Motion by Bailey with support from Mayer to approve invoices dated 8/29/08 totaling $87.757.62. Motion carried unanimously by roll call vote.
B. Consideration of Approval of Payroll for the Month Ended August
31, 2008 in the amount of $67,215.73.
Motion by Hoexter with support by Bailey to approve Payroll for the
month ended August 31, 2008. Motion carried unanimously by roll call
vote.

16. Managerā€™s Report
A. New banners for Blue Star Bridge will be going up on Thursday,
September 4th.
B. City Clerk Neve will be Acting City Manager while Kowal is on
vacation the rest of the week.
C. A prepared statement was read regarding the Saugatuck Public Schools
hearing in Allegan County Circuit Court.

17. Hear from the Audience (Limit three minutes for general comments)
Ron Colton, 112 N. Washington, commented he attended the Circuit Court
hearing this afternoon. Feels there was no legal basis for the case. City was
chastised by the judge. Doesnā€™t believe city is a good custodian of funds.

18. Closed Door Session
Motion by Mayer with support from Bailey to move into closed session at 8:20
p.m. to discuss litigation with Attorney Andy Mulder. Motion carried
unanimously by roll call vote.

Motion by Bailey with support from Harvath to end the closed session at 9:40
p.m. and return to the regular meeting. Motion carried.

19. Adjournment
The meeting was adjourned at 9:42 p.m.

Respectfully submitted by:

Jean E. Neve, CMC
Clerk

Approved by: ____________________________________________________________
Matt Balmer, Mayor