I.    Call to Order

II.   Pledge of Allegiance

III.  Roll Call:

A. Present: Filber, Fischer, Holland, Keller, Palma & VanStrate.

B. Absent: Hall

IV.   Reports and Statements of Citizens:

No reports or statements of citizens were presented.

V.    Consent Agenda

A. pproved the payment of the bills in the amount of $77,092.47.

B. Approved the minutes of the July 20, 2004 meeting.

C. Appointed the Village Manager as the voting delegate, and the President Pro Tem as the alternate, to the Michigan Municipal League Convention 2004.

On a motion by Fischer, support from Filber, the Village Council approved the Consent Agenda as presented.

VI.   Report By the Village Clerk

A. Held a public hearing on parking fines, Chapter 74-87 of the Village Code of Ordinances and approved a motion to amend Chapter 74-87 to increase such fines.

Subject: This change was discussed at a prior work session. The amendment was to increase the parking fines. The existing parking fines were generally $5.00 per infraction and had not changed since before 1989. Additional information and a report from the Police Chief were attached.

The Village President declared the public hearing open for comments.

Council member Fischer thought that after 15 years it was time to increase the fine structure.

No public comment was heard.

On a motion by Palma, support from Fischer, the Village Council closed the public hearing.

On a motion by Fischer, support from VanStrate, the Village Council adopted Article 3 to the Village Code of Ordinances, Chapter 74-87.

B. Held a public hearing on the Marina Bay project for a new planned unit development for forty-eight units on parcel number 70-03-16-479-001, commonly known as 910 West Savidge Street and subsequently approved the project as a planned unit development and authorized the Village President and Clerk/Treasurer to execute the contract.

Summary: The Planning Commission approved the final development plan on July 27, 2004. The plan was approved as attached.

In return for multi-use of the pathway along the river and a wider path (from 8 feet to 10 feet) the Village pledged to cost share up to $40,000 for the incremental difference. It would be fully accessible to bikes and would be paid for from the Tax Increment Financing Fund. Further, the developer planned to allow an easement for a west property border bike path connecting to Savidge to possibly be built at the Village's expense, if desired, and an entry sign location just off MDOT right-of-way.

The hardest aspect of the development was securing a mutually satisfactory shared drive with Village Cove. All parties agreed the drive should be common and be located as far east as possible. The Village Manager and MDOT would like it to line up with Savidge Court. This could get expensive. An alternative was to share access in the center of the property and relocate Village Cove's entrance to such new entrance into Marina Bay.

The Village President declared the public hearing open for comments.

Community Services Director Hansen updated the Village Council on MDOT's approval of the driveway being either shared at Village Cove's existing location or a driveway in the center of the Marina Bay property between the Holiday Inn and Village Cove entrances.

Council member Filber said that this was a beautiful project, that it was a win-win situation and it was great that the public would have access to the waterfront.

Council member Fischer agreed that it was a beautiful project and that the developers had put a lot into it and that he was not about to hold them up on the driveway issue.

President Keller said the Village Council doesn't want to be an impediment in what has been a long drawn out process.

Council member Palma applauded Village Cove residents in being a team player in the process.

Mr. Robert Brown, Site #1 of the Village Cove, said that the marina's entrance was never meant to be a shared driveway. Mr. Brown advised the Village Council that they had legal counsel and were prepared to fight against eminent domain, which he thought would be hard to obtain since both pieces of property were privately owned.

On a motion by Fischer, support from Palma, the Village Council closed the public hearing.

On a motion by Holland, support from VanStrate, the Village Council approved the project site plan as a planned unit development and authorized the Village President and Clerk/Treasurer to execute the contract.

VII.  Report by the Acting Village Manager (Chief Roger DeYoung)

No report by the acting Village Manager was presented.

VIII. Reports by the Village Council

No report by the Village Council was presented.

IX.   Statements of Citizens

No statements of citizens were presented.

X.    Adjournment

On a motion by Palma, support from Fischer, the Village Council adjourned at 7:43 p.m.