Village of Douglas Council Proposed Minutes

THE CITY OF THE VILLAGE OF DOUGLAS
MEETING OF THE CITY COUNCIL
MINUTES
Monday, November 17, 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, Sapita, Urquhart, Waddell
Absent: Hoexter
Also Present: Manager Kowal and Clerk Neve

3. Pledge of Allegiance – Mayor

4. Changes/Additions/Deletions to Agenda
Additions: Item #10E2-g, letter from Tom and Julie Hislop dated 11/14/08
RE: Westshore Cottages
Item #10E2-h, email from Michael Tischleder dated 11/17/08
RE: Westshore Cottages
Item #10E-3, Draft Development Agreement for Westshore
Cottages
Item #10E-4, Draft Conservation Agreement for Westshore
Cottages
Item #8B-5, Letter from Michigan Department of Transportation
dated November 10, 2008, RE: Blue Star Bridge Grant Award

Motion by Urquhart with support from Harvath to approve the agenda as amended. Motion carried.

5. Approval of Minutes
A. Committee of the Whole Meeting of City Council of November 10, 2008.
B. Regular Meeting Minutes of City Council of November 10, 2008.
C. Closed Session Meeting Minutes of City Council of November 10, 2008
Motion by Bailey with support from Sapita to approve meeting minutes from November 10, 2008 City Council Meetings as presented. Motion carried.

6. Appointments /Resignations
A. Motion to Approve Resignation of Dan Esterline from the Downtown
Development Authority (DDA) Board
Motion by Waddell with support from Harvath to accept the resignation of Dan Esterline from the DDA Board, with regret. Motion carried.

7. Proclamations/Awards
A. Proclamation of Appreciation Presented to Jane Mayer for Dutifully
Serving the Citizens of the City of the Village of Douglas in Various
Capacities, including City Councilperson, since 2004.
B. Proclamation of Appreciation Presented to Robert Moore for Dutifully
Serving the Citizens of the City of the Village of Douglas in Various
Capacities, including City Councilperson, since 2006.

8. Public Communications (Limit of three minutes for comments regarding
agenda items)
A. Verbal:
1. Terry Burns, Allegan County Commissioner
Postponed until a December meeting
2. Suzanne Dixon, 797 Center, commented on the Wednesday,
November 19th Zoning Open House
B. Written:
1. Tri-Community Joint Planning Committee “Annual Report for June 2007 – June 2008
2. Tri-Community Joint Planning Committee DRAFT Minutes;
November 11, 2008
3. Public Notice; “DRAFT Zoning Ordinance” Open House,
Wednesday, November 19, 2008, Douglas City Hall, 3:00-5:00 p.m. & 6:00-8:00 p.m.
4. “Saugalous?” – Article from November 10, 2008 Issue of MiBiz
5. Letter from Michigan Department of Transportation, dated November 10, 2008, RE: Blue Star Bridge Grant Award
Written communications noted as received and filed.

9. Unfinished Business
None Scheduled

10. New Business
A. Motion to Adopt Resolution No. 80-2008 Establishing a Four-way Stop at the Intersection of Westshore and Hamilton Streets in the City of the Village of Douglas.
Motion by Waddell with support from Bailey to approve adoption of Resolution No. 80-2008 establishing a four-way stop at Westhore and Hamilton Streets. Motion carried unanimously by roll call vote.

B. Motion to Adopt Resolution No. 81-2008 Establishing a Three-way Stop at the Intersection of Westshore Street and St. Peters Drive in the City of the Village of Douglas.
Motion by Waddell with support from Bailey to approve
adoption of Resolution No. 81-2008 establishing a three-way stop at
Westshore and St. Peters Drive. Motion carried unanimously by roll call vote.

C. Motion to Adopt Resolution No. 82-2008 Approving the Purchase of a 2009 Ford Crown Victoria for the Police Department through a Cooperative Purchasing Program.
Motion by Waddell with support from Bailey to approve
adoption of Resolution No. 82-2008 approving purchase of 2009 Ford
Crown Victoria. Motion carried unanimously by roll call vote.

D. Motion to Adopt Resolution No. 83-2008 Amending the Budget of the 2008/2009 General Appropriations Act.
Motion by Waddell with support from Harvath to approve
adoption of Resolution No. 83-2008 Amending the 2008/2009 Budget. Motion carried unanimously by roll call vote.

E. PUBLIC HEARING: Proposed West Shore Cottages Development. The Proposed Project would be developed on the Existing West Shore Golf Club Property, Located Generally along the North Side of Center Street and the West Side of Ferry Street. The Proposed Project Provided for Construction of a Pool House, Swimming Pool, Tennis Court, Private Roads and 125 Dwelling Units. The Dwelling Mix would consist of Nine (9) Three-Unit Buildings and Ninety-Eight (98) Single Family Units. The Existing 18-Hole Public Golf Course would be reduced to a 9-Hole Public Golf Course

1. Declare Public Hearing Open
Mayor Balmer declared the Public Hearing open at 7:56 p.m.

2. Written Comments Received
a.) Letter from Ms. Janet Lugers, 288 McVea Dr., received
November 10, 2008
b.) Letter from Ms. Trisha Doolan, 749 Golfview Dr., received
November 10, 2008
c.) Letter from Ms. Patricia Drewitz; President, Tower Harbor
Marina Condominium Association, dated November 7, 2008
d.) Letter from Mr. David C. Molenaar, 730 Golfview Dr.,
received November 11, 2008
e.) Two (2) email communications dated November 12, 2008 from
Mr. Michael Tishleder, 811 Golfview Dr.
f.) Letter and other documents identifying various concerns
relating to the proposed West Shore Cottages Development
received from Ms. Janet Lugers, 288 McVea Dr., on November
13, 2008
g.) Letter from Tom and Julie Hislop, 818 Golfview, dated
November 14, 2008
h.) Email communication from Michael Tishleder, 811 Golfview,
dated 11/17/08
Communications noted as received and filed.

3. Petitioner Presentation
Todd Paquette, Driesenga & Associates, Inc., representing Mr.
Paul Wicks, presented an overview of the project.
The project is to be located on 92 acres at the intersection of
Center and Ferry Streets. Project includes a 9-hole golf course,
125 dwelling units served by public sewer and water. Construction
will be done in three phases with four access roads into the project.
Underlying zone district R-1 allows for up to 133 units by right of
the City Zoning Ordinance. Developer will install sidewalks on
Center and Ferry Street as well as loop a water line into McVea
Golfview adding increased water pressure for those homes.
Dwelling units will be built to the center of the property allowing
neighboring homes a view of the golf course.

4. Audience Comments (limit of 3 minutes)
a.) Trish Doolan, 749 Golfview, opposes Westshore Cottages
project. Feels there is contamination much like the Belgravia
Condos in South Haven.
b.) Fred Royce, 144 Lakeshore, questioned the true public benefit
of the project.
c.) Steffanos Peroustianis, 741 Center St., asked council to think
about the impact of traffic, increased use of the water and sewer
systems, additional school population and the increased demand
for police and fire protection.
d.) R. J. Peterson, Saugatuck, commented he feels this is a good
project for the property. With the construction could come
opportunity for grant money to build bike and pedestrian pathways.
e.) Janet Lugers, 288 McVea, opposes the project. She would not
want to see another sink hole from broken water mains like what
occurred in 2001.
f.) Suzanne Dixon, 797 Center St., related she was encouraged
about the project after last week’s meeting. She still has concerns
relating to drainage, environment, and contamination. She asked
that council review the email from her dated November 17, 2008.

5. Public Hearing Declared Closed
Mayor Balmer declared the Public Hearing closed at 8:39 p.m. and
called for a 5-minute break.

Meeting resumed at 8:47 p.m.
A. Development Agreement
Attorney Mulder described the development agreement as a
sort of blueprint of how the project will proceed and
develop to completion. There will be no change in zoning
or classification. The conservation easement grants
preservation of open spaces. Both documents will be
recorded at the Allegan County Register of Deeds. The
PUD by-laws have been received and will be reviewed.
Plans will be submitted to the MDEQ for soil management.
Vapor barriers are planned for under some residential units
as per the due care plan.

B. Questions, Comments and Discussion by Mayor and City Councilpersons
Waddell related this has been a long process for all. The
Planning Commission has chosen to recommend this
project. The density is allowed by right under our own
ordinance. The school system was advised of the likely
possibility of additional students and indicated they are
prepared to handle them. Questions for Attorney Mulder
were regarding water lines in McVea Dr. and any
environmental issues.
Planning Commissioner Karen Van Pelt was asked how the
Planning Commission members felt about recommending
the project. Van Pelt related the members felt more
comfortable about the environmental issues after hearing
the presentation by Roman Wilson of Lakeshore
Environmental.
Mr. Wilson explained contamination has migrated onto the
property. Mr. Paul Wicks will have an evaluation of soil
conditions done but it is not his responsibility to clean-up
the contamination. Lakeshore Environmental will be
responsible for mitigation. Each exposure pathway will
be examined and evaluated for safe development. Vapor
barriers are above and beyond what is required. The entire
site will be evaluated and specific procedures followed.
Urquhart questioned testing for mercury and arsenic.
Harvath asked about any additional plan for future
migration.
Bailey inquired about prospective buyers being told about
contamination issues.
Mr. Wilson related tests will be done for mercury and
arsenic. Lakeshore Environmental will be working on the
worst case scenario with their reputation and insurance on
the line. Groundwater will continue to move while there is
no continued chemical dumping the site will continue to be
monitored.
Sapita questioned the limited open space available to the public shown on the plan. He is not convinced this is the true idea of a PUD. He requested that all finalized agreements get to council members prior to voting on approval. Sapita asked that sidewalks be incorporated into Phase I. He related fish have been seen in the Warnock Drain.
Harvath expressed concerns over damage to the City roads
due to construction traffic, lack of additional parking for
guests to homeowners in the development and who will
maintain roads and sidewalks.
Bailey also feels that sidewalks should be part of Phase I. It
seems that the drain under Ferry Street will be affected by
construction.
Bailey and Urquhart asked about the anticipation of
seasonal rentals.
Attorney Mulder related ordinance amendments on leasing
will be examined but leasing of homes is allowed by any
homeowner in the R-1 district. This development contains
four PUD agreements with the golf course being one. The
development agreement will cover all property.
Mr. Larry Nix, Williams & Works, related a traffic study
is not required due to the underlying R-1 zoning. McVea
Drive will be reconstructed to City road standards.
Balmer reminded council that the property is already zoned
PUD and the developer can put in 125-plus units by right. It
is not up to council to agree or disagree with the design but
only look at the requirements. Does this project meet all
zoning requirements; do we need a construction
agreement?

Agenda Materials Distributed Regarding Item “E” Include:
1. Notice of Public Hearing
2. Fleis & VandenBrink “Engineering Review of the West Shore
Cottages Development with Respect to Golfview and McVea
Streets and Utilities” dated January 25, 2008 (this written
communication was referenced in Mr. Steve Bishop’s letter dated
October 1, 2008 that was distributed to the City Council in the
November 10, 2008 agenda packet; it was inadvertently not
attached to the October 1, 2008 letter)
3. DRAFT Development Agreement dated November 11, 2008 (this
is a DRAFT document that continues to undergo amendments)
4. DRAFT Conservation Easement

5. Written Email Communication dated November 14, 2008,
Prepared by Mr. Larry Nix, Williams & Works, to City Manager
Kowal in Response to Questions/Concerns Raised by Mr. Michael
Tischleder, 811 Golfview Dr.

11. Staff Reports
A. Building/Planning/Zoning/Enforcement
No Report

B. Finance/Budget
1. Revenue/Expenditure Budget Summary Report for the Period of
7/1/2008 to 10/31/2008
2. Investment Schedule as of 10/31/2008
3. Wire Transfer/ACH Payment Summary for the Month Ended
October 31, 2008
Reports noted as received and filed.

12. Committee Reports
A. Planning Commission
Planning Commission met Wednesday, November 12th. Members
approved the proposal for Uncommon Grounds to establish a coffee
roaster at the Blue Star Antique Mall. A proposal for a segway track was
tabled.

B. Community Recreation Advisory Board
The November 18th meeting was cancelled. Next meeting will be in
December.

13. Council Comments
Sapita commented on the recent Water Quality Conference he attended. When
time allows he will give a brief report.
Urquhart related the Kalamazoo Lake Sewer and Water Commission had a
meeting earlier this evening. The Commission approved bills for payment.

14. Mayor’s Report/Comments
None

15. Approval of Invoices
A. Consideration of Approval of Invoices dated 11/14/2008 in the
amount of $31,354.68
Motion by Harvath with support from Waddell to approve invoices dated 11/14/2008 totaling $31,354.68. Motion carried unanimously by roll call vote.

16. Manager’s Report
A. The annual Tri-Community Christmas Party invitation is in the
packet tonight.
B. With the early snow the DPW is behind in collection leaves. When the
snow clears we will try to have some extra help to take care of the
remaining leaves and brush.
A new policy for collection of landscape waste is needed. An ordinance
will be worked on as time permits.

17. Hear from the Audience (Limit three minutes for general comments)
A. Fred Royce, 144 Lakeshore, commented on making procedures very
clear. He asked if there would be a vote on Westshore Cottages tonight or
another public hearing and if the documents would be available on the
website.
Attorney Mulder responded that no additional public hearing is
required. Council will vote at the 2nd meeting in December if all the
agreements and conservation documents are in order.

18. Adjournment
The meeting was adjourned at 11:00 p.m.

Respectfully submitted by:

Jean E. Neve, CMC
City 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 November 17, 2008. I further certify that the meeting was duly called and that a quorum was present.

________________________________________ __________________
Jean E. Neve, City Clerk Date