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THE CITY OF THE VILLAGE OF DOUGLAS
MEETING OF THE CITY COUNCIL
MINUTES
Monday, October 1, 2007
7:00 p.m.
1. Call to Order/Roll Call
The meeting was called to order at 7:00 p.m. by Mayor Balmer
Members Present: Balmer, Bailey, Laughner, Hoexter, Mayer, Moore,
Waddell
Absent: None
Also Present: City Manager Kowal, and Clerk Neve.
2. Pledge of Allegiance - Mayor
3. Changes/Additions/Deletions to Agenda
None
Motion by Bailey with support from Laughner to accept the agenda as
presented. Motion carried.
4. Approval of Minutes
A. Committee of the Whole Meeting of City Council of September 17,
2007
B. Regular Meeting of City Council of September 17, 2007
C. Closed Session of City Council of September 17, 2007
Motion by Laughner with support from Hoexter to approve
the Council meeting minutes of September 17, 2007.
Motion carried.
5. Appointments /Resignations
None
6. Proclamations/Awards
None
7. Public Communications (Limit of three minutes for
comments regarding
agenda items)
Verbal:
R.J. Peterson, 116 Riverside, indicated he has been working with Senators
Levin and Stabenow on funding for recreational harbors. He urged council
to
listen to opportunities for funding.
Written:
A. Minutes of Community Recreation Advisory Board of January 16,
July 1, and September 18, 2007
B. Summary of Interurban Transit Authority Meeting of September
18, 2007 as Prepared and Submitted by Mr. R. G. Poetsch
C. Notice of Radon Action Week; October 21-27, 2007
D. Invitation from the Art Department at Saugatuck Public Schools
to
the Opening of the Art a Loan Exhibition; Wednesday, October 3, 2007
E. Michigan Township Services Summary of Permits Issued for August
2007
F. Memorandum for Mr. R.J. Peterson dated September 14, 2007 RE: City
of the Village of Douglas Site Plan Procedures
G. Letter from City Manager Kowal, dated September 26, 2007 RE:
Response to Mr. R.J. Peterson’s Memorandum of September 14,
2007
H. Memorandum from City Clerk Neve, dated September 24, 2007 RE:
Postponement by the Michigan Dept. of Environmental Quality (DEQ)
of
the Public Hearing Scheduled for October 2, 2007, RE: Application
for
Permit by WS Property Development LLC, Paul Wicks, 14 Ferry St.,
Douglas, MI (West Shore Cottages) and Tentative Rescheduling to
Thursday, November 8, 2007 at 7:00 p.m. in City Hall
I. Letter from Dick Waskin to City Officials dated September 26, 2007
J. Letter from City Manager Kowal, dated September 27, 2007, to Mr.
Scott Kierzek, Community Recreation Department RE: Community Ice
Skating Rink
Written communications noted as received and filed.
8. Unfinished Business
A. Motion to Adopt Ordinance No. 04-2007 to Amend the City of the
Village
of the Village of Douglas’ Zoning Ordinance by Amending the
Zoning
Map of the City of the Village of Douglas, MI, Referenced in Section
3.02
of the Zoning Ordinance for the City of the Village of Douglas (Northern
Lights Resort; 320 Blue Star Hwy.); Second and Final Reading
Mr. Marple, Northern Lights Development Group, explained he was
advised by the Zoning Administrator and the Fire Department to request
rezoning of the property at 320 Blue Star Hwy from R-5 back to C-2A.
He related the property offers nightly, weekly and monthly rentals.
Fifteen units have been sold, all of which rent to seasonal visitors.
Mr. Marple and three others own units and are full time residents.
All residents are aware of the units being rented nightly.
Larry Nix, Williams & Works, related the Tri-Community Plan says
the area should be mixed use. Northern Lights is requesting to do
exactly
that. C-2A provides for hotel/motel use. The Planning Commission felt
C-2A is appropriate for use as a time share, full-time residents and
hotel/motel rentals. Normally rezoning is tied to a new development
plan.
Motion by Moore with support from Laughner to adopt Ordinance No.
4-2007 to amend the Zoning Ordinance by amending the zoning map
referenced in Section 3.02. (Northern Lights Resort, 320 Blue Star
Hwy.)
Motion carried unanimously by roll call vote.
9. New Business
A. Motion to Approve as Election Inspectors for the November 6, 2007
General Election: Linda Anderson, Dorothy Demerest, Suzanne Dixon,
Louise Pattison, Walter Pattison, Kathleen Piggins, Tarue Pullen,
Donna St. Andre, Alexa Urquhart and Susan Wicks.
Motion by Laughner with support from Hoexter to approve the election
inspectors for the November 6th election. Motion carried.
B. Motion to Approve Resolution No. 55-2007 Urging
State of Michigan
Lawmakers to Address the State Budget Crisis
Motion by Laughner with support from Bailey to approve Resolution
No.
55-2007 urging State of Michigan Lawmakers to Address the State Budget
Crisis. Motion carried unanimously by roll call vote.
C. Motion to Approve Resolution No. 56-2007 Approving
Performance
Compensation to Douglas City Manager
Motion by Hoexter with support from Waddell to approve Resolution
No. 56-2207 approving a one time performance payment of $5,000 for
City Manger David Kowal based on his performance evaluation of September
17, 2007. Motion carried unanimously by roll call vote.
D. Motion to Approve Resolution No. 57-2007 Approving
Agreement with
Saugatuck Township (MeadowArgus Project)
Kowal related this is the final resolution agreement of how tap fees
will
be collected and disbursed within the MeadowArgus development.
The City of Douglas will receive full payment for the 14 lots located
within the city boundaries. Douglas will receive half of the fees
for the
remaining 48 lots located in Saugatuck Township. 100% of the utility
capacity will be charged against Douglas.
Moore commented he feels a portion of fees collected should be going
toward improving infrastructure. The connection tap fees have remained
the same for many years.
Motion by Moore with support from Laughner to approve
agreement with Saugatuck Township relating to the extension of sewer
and water lines into the MeadowArgus development (Resolution No. 57-2007)
Motion carried by roll call vote with Waddell casting a “no”
vote..
10. Staff Reports
A. Building/Planning/Zoning/Enforcement:
1. Saugatuck Storage; Dean Borland (see letter from City Manager
Kowal to Mr. Dean Borland dated September 27, 2007)
Kowal related a revised site was received but with no indications
as to what the changes were.
Moore asked how can Mr.Borland continue to operate a business
in clear violation of the ordinance.
Kowal stated he is continuing to work with the Attorney toward
a resolution or pursue other actions.
2. MeadowArgus (see Fleis & VandenBrink Site Review
Comments
dated September 25, 2007)
Kowal related the project in not in compliance with the site plan.
He will met with developers on Thursday, October 4th regarding
failure to construct a deceleration lane.
Moore asked about a time frame for compliance.
Kowal responded in the future all compliance issues will be met
before building permits are issued and the certificate of occupancy
permit will be withheld. The occupancy certificate is the only
leverage the City has.
3. Tower Marine Dredging/Spoils Area Expansion (see
letter from
City Attorney Mulder to Mr. R.J. Peterson dated September 26,
2007)
Mr. Peterson’s request to expand the spoils area for dredging
is
a zoning matter that must have a site plan review and approval.
4. Bayou House; 11 Water Street (see Notice of Violation
Letter
from City Manager Kowal to Ms. Joyce Petter dated September
20, 2007)
Charging rental fees, use of City parking lot and placing
Porta-potty buildings on City property are clear indications
this is a commercial enterprise and violation of Article VI, R-3
Neighborhood Conservation District.
5. Saugatuck Public Schools Early Childhood Building
and
Playground (see attached letter from City Attorney VanderVeen
dated September 27, 2007)
Kowal reported he has met with Ms. Casey, property owner at 190
Union St. A letter from the State clearly indicates a local site plan
from Saugatuck Schools is required. Superintendent Woods was
sent a letter to comply immediately and submit site plan.
11. Committee Reports
A. Zoning Ordinance Ad Hoc Committee
Committee met at 4:00 p.m., October 1st. All definitions have been
reviewed. The process is moving along with the committee meeting each
Monday to expedite completion.
B. Community Recreation Advisory Board
Bailey reported the meeting minutes now are in council packets for
review.
C. Kalamazoo Lake Sewer and Water Advisory (KLSWA)
Moore reported Dan Urquhart requested KLSWA always be
required to obtain two bids for projects.
12. Council Comments
Laughner related there are issues coming that will need much consideration,
research and recommendations from council. A good strategy would be
to
establish criteria for development in the downtown area.
Laughner commented on the Christmas trees to be located in the bumpouts.
To
avoid damage to the underground lines, the DPW might be able to put
PVC pipe
into the ground where the tree trunk would sit.
Mayer commented she has heard many negative comments about the bumpouts.
There are sections of wood timbers falling apart near DeMond’s
sidewalk.
Kowal related he would like to create a more colorful look by removing
some
of the grasses and replacing them with flowering plants.
Bailey asked if there were some other place to reuse the grasses.
Waddell explained she voted “no” on the sewer and water
agreement with
Saugatuck Township because she is against giving away any capacity.
Kowal responded the City has the authority to approve / disapprove
/ sign-off
on the sale of capacity agreement.
Hoexter asked about the Parks meeting with the “Grandmas”.
Kowal replied no
meeting has taken place yet. He will move ahead with the Parks plan
in small
pieces.
Hoexter reported the sign at the Royce property on Chestnut is back
up.
Moore asked about a sign designation for Alice McClay Park. Kowal
commented
the property is a difficult piece to access.
13. Mayor’s Report/Comments
None
14. Approval of Invoices
A. Consideration of Approval of Invoices dated 9/27/07
Motion by Hoexter with support from Laughner to
approve invoices dated 9/27/07 in the amount of $81,614.38. Motion
carried unanimously by roll call vote.
A suggestion was made to have monthly discussions at Committee
of the Whole meetings with the City Treasurer.
15. Manager’s Report
A. Letter from Langlois & Sons Excavating to City Manager dated
September 27, 2007, RE: Notice of Intent to File Claim in the case
of a State of Michigan shutdown
Kowal related this letter refers to the project at Water and Center
Street. The State shutdown has been averted.
B. The DPW has done some repair work on their building.
It has been
painted, windows fixed and a new sign installed in front.
C. Walter Klinek has offered to donate a tree decorated
with every one of
the Douglas Christmas ornaments.
Kowal has met with the DDA decorations committee and plans to meet
with Ponderosa Nursery regarding decorating the City Hall and Police
Building. In the future decorations will be funded by the City. He
would
like to see some expanded decorations going along Blue Star Highway.
D. In regards to the property at Center and Washington
Street, that Dick
Waskin refers to in his letter, it is important to keep the 12-foot
construction easement in place.
E. Trick-or-Treating hours will be from 5:00 p.m. to
8:00 p.m. on October
31st.
16. Hear from the Audience (Limit three minutes for
general comments)
No comments were heard.
17. Adjournment
The meeting was adjourned at 9:05 p.m.
Respectfully submitted by:
Jean E. Neve, CMC
Clerk
Approved by: ____________________________________________________________
Matt Balmer, Mayor