MINUTES

 

Spring Lake Village

May 2, 2005

7:30 P.M.

Barber School Meeting Room

102 West Exchange

Spring Lake, Michigan

 

I.  Call to Order

 

President Keller called the meeting to order at 7:50 p.m.

 

II.               Pledge of Allegiance

 

 

III.          Roll Call

 

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

 

B.A motion by Fischer, support from VanStrate, to excuse Council member Hall did not pass due to a tie vote.

 

Yes: 3 (Filber, Fischer, VanStrate)

 

                              No:            3 (Holland, Palma, Keller)

 

 

IV.                                 Reports and Statements of Citizens:

 

Michelle Yasenak, 505 E. Savidge Street, asked when the band shell at Mill Point Park would be completed.   She stated that the construction was a concern for children if it would still be going on during Family Fun Night.

 

Manager Cotton said that it would not effect the Family Fun Night.

 

Ms. Yasenak stated that the Heritage Festival would be selling “SL” bumper stickers this year.

 

Ms. Yasenak asked about the burial area at Christ Community Church and if these were allowed by the Village for any church.

 

Manager Cotton said that a columbarium was allowed provided no houses are taken down.

 

Ms. Yasenak expressed concern that trees were coming down at the Ace Hardware/ Ross Pope project and wanted to know if there was a fine issued if you violate an ordinance.  She also questioned the three-lane drive at this project location.

 

Manager Cotton said that the curb cut was almost identical to where it was before and that originally the three lanes went up to the access road, but that MDOT objected to it.  Mr. Cotton added that the Village Council did approve the extension 15 feet further to the north to Ace Hardware and that the trees that were removed did clear up some of the tree issues. 

 

John Yasenak, 505 E. Savidge Street, stated that the Planning Commission never saw the streetscape proposal and asked if the removal of the service road was part of the MDOT plan.

 

Community Services Director Hansen said the removal was part of the MDOT permit. 

 

Attorney Bob Sullivan said that per a provision in the PUD contract, you do not need a permit if MDOT or MDEQ.

 

Mr. Yasenak stated that it appeared that clearing for Phase II of the project was underway and the Planning Commission hadn’t seen anything on Phase II yet.  He asked if preparation was allowed to begin before the Planning Commission granted approval, if Ace ‘s banners were in compliance with the Village’s signage code and if Ace would be allowed to merchandise on the sidewalk.  Mr. Yasenak also expressed concern over the trees that had been marked incorrectly.  He asked who was overseeing these projects and if there was a penalty if something was done incorrectly.

 

Council member Palma said Mr. Yasenak’s questions should be provided in writing and then the staff and the Village Council could look them over and address them.

 

Mr. Yasenak asked if there would be more parking because of this service road.

 

President Keller said that it would be better to have the plans in front of them to answer these questions.

 

Attorney Sullivan said that relief could be sought through the district court through the PUD contract.

 

V.  Consent Agenda

 

A.Approved the payment of the bills in the amount of $66,697.39

 

B.Approved the minutes of the April 18, 2005 meeting.

 

C.Approved the waste hauler rates for 2005.

 

D.Approved a resolution canceling the special budget work session set for May 16, 2005.  The Council concluded that a second work session was not necessary after the first budget review. 

 

E.Set the FY 06 operating and six-year capital budget public hearing for Monday, June 6, 2005 at 7:30 p.m. at Barber School Community Hall.

 

F.Approved closure of Savidge Street during the Memorial Day Parade (May 30) from 11:00 a.m. until the parade arrived at the Spring Lake Cemetery.

 

G.Approved the donation of miscellaneous artifacts to the Tri-Cities Historical Museum and authorized the Village Manager to sign the donation form. A number of pictures and tattered maps were preserved during the Village Hall renovation project. 

 

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

 

                                                Yes:                        6                        No:                        0

 

 

VI.                                   Report by the Village Clerk-Treasurer

 

A.  Held a public hearing and subsequently changed the name of the Spring Lake Yacht Club property owned by the Village of Spring Lake.

 

Subject:  This public hearing was optional and was set at the last Village Council meeting. 

 

President Keller declared the public hearing open for comments at 8:19 p.m.

 

On a motion by Holland, support from Fischer, the Village Council closed the public hearing at 8:21 p.m.

 

                        Yes:            6             No:            0

 

On a motion by Fischer, support from Filber, the Village Council changed the name of the Spring Lake Yacht Club property owned by the Village of Spring Lake to “Thum Point” and approved using this new name on the wayfinding signs under construction.

 

                                    Yes:                  6                  No:                  0

 

 

VII.                            Report By the Village Manager

 

A.  Approved a formal resolution of support for a Brownfield Tax Increment Financing loan application for the property commonly known as the Old Graflex Plant at 917 West Savidge Street and authorized the Village President and Clerk to execute the resolution.

 

Summary:  Suzanne and Volker Rudnitzki were proposing to create 34 condominium units and a 5,000 square foot restaurant on this property. 

 

They secured preliminary approval of the Planning Commission in March 2005 and would return for final approval in May 2005.  Their hope was to come before the council for a PUD contract approval in June 2005.

 

If the Village created a Brownfield Plan and TIF district for this property, then the developer could recoup the costs of demolition and environmental expenses that would not otherwise be incurred on a “greenfield” property.  The Village staff wanted to make this assistance possible so additional investment could go into the design and physical plan for an overall higher quality development.

 

This agenda item was written to seek approval of the Village Council to submit a Brownfield TIF Loan Application to the MDEQ.  A total of up to $360,000 was requested.  This total request was somewhat higher than would actually be necessary.  The State encouraged the application request to err on the high side to ensure that the Village asked for more than what might actually be needed.  The loan terms were 0% for five years.

 

Subsequent to approval, the Village’s Brownfield Plan for this property would be submitted to associated State agencies to approve the tax capture prior to the loans use.   Approval of tax capture would enable the school taxes normally paid for this property to be used to pay back the loan for an overall shorter term.

 

It was expected that the ultimate taxable value would be at least 2.5 million.  Capture of local millage, plus the school millage, would result in an approximate payback of $90,000 per year (36 mills) for a total loan payback of four years.  This Brownfield TIF loan would not affect the remainder of the original TIF district hibernation planned for the next five years.

 

Approval of this loan application resolution assumed that the Phase I environmental review showed the property to fit the definition of a contaminated “Part 201 facility.”  If the suspected contamination were not actually present, than the request would become ineligible.

 

The overall intent of this assistance to the developer was to ensure the development was of the highest quality possible.  As such, it would stimulate other redevelopment of similar high quality.  The Planning Commission at their last meeting debated this point informally; and it should be noted that differences of opinion existed.

 

On an additional front, the MEDC was considering a streetscape based on the jobs to be created and the Village’s pledge of $25,000 as a local match from the TIF fund. 

 

An early estimate of how these funds would be used follows:

 

$240,000 for West Savidge Streetscape improvements

    90,000 to bury power lines

    45,000 to demolish Fireside Design and create a parking                 area; and

    25,000 to create bike path and crosswalk connections                    from the parking lot to Lakeside Trail

 

This potential plan was the result of preliminary discussions with the MEDC and needed confirmation by council and the MEDC Board prior to further action. 

 

On a motion by Filber, support from VanStrate, the Village Council authorized staff to submit a Brownfield TIF Loan Application for the property commonly known as the Old Graflex Plant at 917 West Savidge Street and authorized the Village President and the Village Clerk-Treasurer to execute the resolution.

 

                        Yes:             6            No:            0

 

 

VIII.        Reports by the Village Council:

       

                Council member Fischer said that village resident Mike Rau had spoken to him about Mulder Dredging Company mooring overnight for the past three weekends. 

 

                Manager Cotton said that he would check into this.

 

         President Keller mentioned the nice write up in the newspaper about Arbor                    Day and wondered if the trees being offered to residents at fifty percent of cost              would be coming from the Village nursery.

 

        Community Services Director Hansen said the trees would probably come from a          nursery and residents would be able to choose from one of several types of trees.

 

        Manager Cotton stated that the Village had already received four calls from                     residents that were interested in the tree match offer.

      

IX.                                    Statements of Citizens:

 

        No statements of citizens were presented.

 

X.    Reconvened the work session at 8:45 p.m.

 

 

         On a motion by Palma, support from Holland, a motion to approve a                            resolution for a six-month sign moratorium was voted down.

 

                        Yes:                        1  (VanStrate)                        No:                        5

 

         Council member Fischer stated he did not like the idea of a knee-jerk ordinance by rushing into the moratorium.

 

        On a motion by Fischer, support from Holland, the Village Council approved            placing the issue of the sign moratorium on the May 16, 2005 Village Council

        meeting agenda.

 

                        Yes:                        6                        No:                        0

 

 

 

XI.                                   Executive Session to Discuss Property Matters.

 

 

 On a motion by Fischer, support from Holland, the Village Council adjourned into executive session at 9:30 p.m.

 

                  Yes:   6   No:   0

 

Resolved that the Village Council meet in executive session for reasons permitted by Section 8(C) of the Michigan Open Meetings Act, MCL 15.268 (e); MSA 4.1800(18)(e); as requested by the Village Manager, to confer with legal counsel on matters permitted by Section (e) of the Open Meetings Act.       

 

On a motion by Holland, support from Filber, the Village Council arose from executive session at 9:49 p.m.

 

                                    Yes:            6            No:            0

 

 

XII.              Adjournment

 

On a motion by VanStrate, support from Holland, the Village Council adjourned at 9:50 pm.

 

                                       Yes:               6               No:               0      

 

 

 

______________________________________________

Daniel Keller, Village President

 

 

 

_______________________________________________

Maribeth Lawrence, Village Clerk/Treasurer