MINUTES

 

Spring Lake Village

May 16, 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 7:30 p.m.

 

II.               Pledge of Allegiance

 

III.          Roll Call

 

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

B.              Absent:  Palma

 

      On a motion by Fischer, support from Holland, the Village Council excused Council member Palma’s absence.

 

                                                               Yes:                 5                      No:                  1 (VanStrate)

 

IV.                                 Reports and Statements of Citizens:

 

         No reports or statements of citizens were reported.

 

V.  Consent Agenda

 

A.              Approved the payment of the bills in the amount of 98,272.27.

 

B.              Approved the minutes of the May 2, 2005 meeting. 

 

 

 

 

 

 

C.              Approved use of Buchanan Street end for placement of the Spring Lake Township Fire boat for the summer season. 

 

On a motion by VanStrate, 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 approved a moratorium on the issuance of signage permits in the Village of Spring Lake for a defined period of time.

 

Subject:  This optional public hearing was set by the Village Council last meeting to ensure public notice and comment before acting on a proposed moratorium. 

 

The original proposal moratorium was for 60 days and would apply to all signs.  The intent was to provide time to the Planning Commission to make more informed recommendations to the Village Council.  The Planning Commission was motivated by the need to take more time to consider sandwich board and pylon signs, proposed by the staff, and by the potential threat of new computer generated signs being planned for construction on Savidge.

 

Manager Cotton supported the moratorium if it was for a very short period and if all understood that temporary signage without the usual time limits were permissible.  There was too much happening in the Village to put the brakes on all signage. 

 

The Council’s options were:

 

A.        No moratorium;

 

B.         Establish a moratorium for just one type of sign of most concern – electronic message boards due to safety issues, enforcement problems at McDonald’s and the new Design Manual;

 

C.        Establish a short, 35 day moratorium; or

 

 

D.        Establish the requested 60-day moratorium.

 

President Keller declared the public hearing open at 7:34 p.m.

 

Council member VanStrate said he thought it would be best to look over the whole sign ordinance.

 

Council member Fischer said that if you shorten the moratorium to 35 to 60 days that only gives the Planning Commission one meeting to review.

 

Jim VanTol of Advance Sign Company told council that sign codes do not change overnight, that the language is difficult and an attorney should be involved.  Mr. VanTol said this is not an easy project and that the council should not go into a panic mood.  He feels it would take over a year to change the ordinance.  He didn’t think that this would work when there currently were new businesses that needed signs.

 

President Keller talked about the McDonald’s red LED sign having the highest intensity, being the least expensive and unlike incandescent bulbs, having no filtering.

 

Mr. VanTol said he hadn’t heard of them being dangerous to the public and that MDOT is the largest purchaser in the state of LED signs.

 

Pat Best, owner of Beans a Brewin’, said she doesn’t think that the McDonald’s sign is offensive and wanted to know who thought so.

 

Council member Fischer said that the sky wasn’t falling, so why not throw it back to the Planning Commission to work with the ordinance and not issue a moratorium.

 

Council member Hall said that we have been talking about signs before McDonald’s had a brick in place and that it was time to put a pencil to paper and get it done.

 

Manager Cotton said that the ordinance was in need of some tweaking, especially with the electronic message boards, sandwich boards and the pylon signs.

 

Council member Fischer stated that the moratorium would have no effect on McDonald’s since it was grandfathered in.

 

Manager Cotton said that the more there are than the more compounded the problem would become and they effect how we want to see the Village in the future. 

 

Council member Fischer said that issuing a 60-day moratorium would just be smoke and mirrors knowing full well that you would have to extend it.

 

 

Planning Commissioner, John Yasenak, 505 E. Savidge Street, said that since he has been on the Planning Commission, he has never seen a sign permit brought before the Planning Commission.  He asked if the new library sign would come before the Planning Commission and if it would be appropriate for the Planning Commission to review it, since the members are appointed.

 

Community Service Director Hansen said that it would not.

 

John Yasenak asked if the library sign was within the ordinance.

 

John Hansen said that the sign was a monument sign and it did comply with the ordinance.

 

Michele Yasenak, 505 E. Savidge Street, asked how far off the right-of-way does a monument sign have to be.

 

John Hansen said that it needed to be located on the businesses property.

 

Michelle Yasenak asked how far off the property line the sign had to be located.

 

John Hansen said that it could be right up to the property line.

 

On a motion by Fischer, support from Hall, the Village Council closed the public hearing at 7:55 p.m.

 

                                    Yes:                 6                      No:                  0

 

On a motion by Fischer, support from Hall, the Village Council approved a moratorium on electronic message boards due to safety issues, enforcement problems and the new design manual for a period of six months.

 

                                    Yes:                 5                      No:                  1 (Keller)

 

 

VII.                            Report By the Village Manager

 

A.  Approved closure of Meridian Street between Exchange Street and Summit Street for a church/neighborhood street party on June 11th from 11 am to 9 pm and for vacation bible school from June 13-17 from 5:30 pm to 8:30 pm subject to signage for detours posted on Exchange Street with temporary signs from both directions and use of approved barricades.

 

Subject:  This subject was discussed in the May 2nd work session.  All individuals present were invited to attend tonight’s meeting.  No action was requested on the former Wednesday night closures at this meeting.  The conditions stated in the above description were suggested at the last meeting.

 

     Kevin Harrington, 217 Summit Street, asked if the council was voting on the        June 11th event separately from the June 13th through the 17th event.  He stated      that he was against closing the street down just as a crossing situation for            three or four hours and added that it wasn’t dark during Vacation Bible                School week.  He said he was all for closing down the street for the end of the      year party and suggested the need for more parental supervision for the                children and the church using the back parking lot.  Mr. Harrington also              suggested that the church get orange signs that say “ Meridan Street Closed”      and place them in advance of the area to warn motorists.

 

      Doug Bytwerk, pastor of the First Baptist Church, agreed that there needs to      be signage, so people know ahead of time and said that the church would be       buying their own barricades.  Pastor Bytwerk said that there would be a large      tent in the street during Vacation Bible School.  He said that the corner was a      blind and dangerous corner even when it wasn’t dark.

 

     Kevin Harrington asked if the tent could be set up in the church’s back                 parking lot.

   Pastor Bytwerk said that because of the size of the tent it wouldn’t work well    and it wouldn’t draw the kids in.  He said that closing down the street hasn’t     been a problem with the fire department and the police department and the        church wanted to leave the house up.

 

   Kathryn Croft, 217 South Street, said that if the house was removed and the lot    used for activities, that there still would be a problem crossing the kids.

 

   Kevin Harrington said that if the house was torn down than they wouldn’t          need the other parking lot and could use that area for their events.

     

President Keller told Pastor Bytwerk that the house could look a lot better and not abandoned.  He added that the church’s neighbors pay for plowing, paving and streetlights and that the Village wants to be a good neighbor.  President Keller said that the people who attended the meeting want the Baptist Church to be a good neighbor.

 

Pastor Bytwerk said that the governance committee for the house was looking to renovate it and have a family move in.

 

On a motion by Holland, support from Fischer, the Village Council approved closure of Meridian Street between Exchange Street and Summit Street for a church/neighborhood street party on June 11th from 11 a.m. to 9 p.m. and for Vacation Bible School from June 13-17 from 5:30 p.m. to 8:30 p.m. subject to signage for detours being posted on Exchange Street with temporary signs from both directions and use of approved barricades.

 

                                          Yes:                 5                      No:                  1 (Filber)

 

 

B.  Approved a resolution for the Village of Spring Lake to participate in a “Special Blue Ribbon Committee Recommending Amendments to the Ambulance Service Agreement” and named Council members Fischer and Filber to the committee.

 

Subject:  This subject was a major debate during the first committee’s meeting.  The conclusion was to invite the Village to be a full-fledged member, even though the Village was not an original signatory to the formation agreement.  The next meeting was to be held on Thursday, May 19 at 7 p.m. at Grand Haven Township Hall. 

 

The Committee’s mission statement was set to be:

 

The role of the Ambulance Advisory Committee is to investigate, understand, and make specific recommendations regarding the operation of a public or private ambulance service in Northwest Ottawa County that provides a high quality of service for area residents that is equal to or better than the current system.

 

The only potential downside was cost sharing if the committee incurred any legal expenses.  Such expenses would be shared on a per capita basis.  The Village’s share would be 5.0%.  See below:

 

 

Population                                                                Percentage Allocation

Grand Haven Township                                                 13,278    26.6%            

Grand Haven City                                                             11,168    22.3%            

Robinson Township                                                         5,588    11.2%             

Ferrysburg                                                                        3,040       6.1 %

Crockery Township                                                          3,782       7.6%

Spring Lake Township                                                  13,140      26.3%

Spring Lake Village                                                         2,514       5.0%                                                                                                                                                                         TOTAL                                                                  49,996    100.0%          

 

Part of the council discussion should be designating who would attend the meetings.  The Village Manager was at the first two meetings but cannot attend again until late June.  Perhaps the two Council members could rotate attendance.  It is expected that at least five meetings total would be held.

 

During public comment at the May 5, 2005 meeting, the Village Manager read the following statement given his previous experience in managing a Fire Department that provided ambulance service to an eight-community district:

 

This is a message to the Hospital and to the Ambulance Service and it is predicated on the Hospital wanting to continue to manage the ambulance service. 

My personal favorite alternative is to request re-engineering of the ambulance service costs to continue it as a 100% user fee supported service without the need for more taxes. Correspondingly, under this scenario, the Tri-Cities communities need to enthusiastically support the Hospital management and its employees to make this re-engineering possible and successful.

 

 

Council member Filber asked if you are a Village of Spring Lake resident would you get hit for the 5% and the Spring Lake Township’s 26.3%.

 

Manager Cotton said just the 5%.

 

Attorney Bob Sullivan said that the Village would only be committing to the percent of the legal fees incurred at this time.

 

On a motion by Fischer, support from Filber, the Village Council approved adoption of a resolution for the Village of Spring Lake to participate in a “Special Blue Ribbon Committee Recommending Amendments to the Ambulance Service Agreement” and naming Council member Fischer and Filber to the committee.

 

                                          Yes:                 6                      No:                  0

 

 

C.  Set a public hearing for June 6 and/or June 13, 2005 at 7:30 p.m. to solicit public comment on a combined notice to the public of No Significant Impact on the Environment and notice to the public of a request for release of funds for the proposed Lake Pointe Project and to use up to $400,000 of CDBG funds from the Michigan Economic Development Corporation for a total estimated investment of up to $8,000,000 at 917 West Savidge. 

 

Summary:  This project would produce a 5,000 square foot waterfront restaurant, 34 condominiums and 20 full time equivalent jobs.  This job creation qualified the Village for up to $400,000 of infrastructure and streetscape enhancements. 

West Savidge Street was in disrepair and very much needed reconstruction.  The streetscape was a mix of poor design and needed improvement.  The MEDC was contemplating an invitation to the Village to submit a Notice of Intent.   Meanwhile, the Chamber of Commerce was employed to conduct the necessary State Historic and Environmental submittals for the purpose of meeting the development timetable.  This hearing was the same as was conducted of the Harbor Steel Redevelopment/Village Place project last November. 

 

The eventual Notice of Intent and the Community Development Block Grant Application would be developed and placed on file with the Village Clerk-Treasurer for public review in advance of the hearing.   Public review was encouraged.  Further, public notice would appear in the newspaper and be distributed to the adjacent neighborhood.

 

On a motion by Fischer, support from Hall, the Village Council set a public hearing for June 6 and/or June 13, 2005 at 7:30 p.m. to solicit public comment on a combined notice to the public of No Significant Impact on the Environment and a notice to the Public of a Request for Release of Funds for the proposed Lake Pointe Project and to use up to $400,000 of CDBG funds from the Michigan Economic Development Corporation at 917 West Savidge. 

 

                                    Yes:                 6                      No:                  0

 

 

D.  Named the Village Manager the certifying officer for the environmental, grant and other documents pertaining to a grant request from the Michigan Economic Development Corporation for the proposed Lake Pointe Project at 917 West Savidge. 

 

Summary:  The Village needed to appoint a certifying officer to sign the appropriate paperwork and progress reports.  The Chamber listed the Village Manager on the State Historic Preservation request letter.

 

On a motion Fischer, support from Holland, the Village Council appointed the Village Manager as certifying officer for the environmental paperwork, the upcoming MEDC grant and other documents pertaining to a grant request from the Michigan Economic Development Corporation for the proposed Lake Pointe Project at 917 West Savidge. 

 

                                                Yes:                 6                      No:                  0

 

VIII.        Reconvened the Work Session at 8:38 p.m.

 

 

IX.                  Approved a budget adjustment for increased funding of the Mill Point Park band                 shell.

 

Summary:   The Spring Lake Rotary Club was funding the bulk of the band shell structure.  Spring Lake Township was helping to fund a construction crew.  The beams were larger than volunteers alone can handle.  The Village was handling the foundation design, relocation of the electrical and the concrete pad.  

 

Stakes were placed last week.  The MDEQ permit was expected to be completed in a matter of days.  Work could begin when the soils and other engineering was completed (May 20th).  We remained hopeful that the June 2nd first concert deadline could still be met.

 

The total amount budgeted was $5,000 in the Public Improvement fund.  The actual costs would be greater however  $3,500 for engineering and soils, $4,000-10,000 for the concrete pad and $3,500 for extending the electrical and moving a light post.

 

The concrete pad was large (40’ by 80”).  The concrete cost options were $4,000 for plain concrete; $6,000 for colored or brick-like; or $10,000 for slate-like.