AGENDA

Spring Lake Village

October 17, 2005

7:30 P.M.

Barber School Meeting Room

102 West Exchange

Spring Lake, Michigan

I. Call to Order

II. Pledge of Allegiance

III. Roll Call

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

B. Motion to Excuse any absent members, if necessary.

IV. Reports and Statements of Citizens:

V. Consent Agenda

A. Consideration of approving the payment of the bills in the amount of $165,208.79 (Attachment A).

B. Consideration of approval of the Minutes for October 3, 2005 Regular Council Meeting (Attachment B).

C. Consideration of a Motion to Set a Public Hearing for November 7, 2005 at 7:30 PM at Barber School for Review of Amendments to Chapter 17, Signs, of the Village of Spring Lake Zoning Code.

D. Consideration of a Motion to Set a Public Hearing for November 7, 2005 at 7:30 PM at Barber School for Review of a Private Road Ordinance Addition to the Village of Spring Lake Zoning Code Through Amendment of Spring Lake Zoning Ordinance. (The purpose of this ordinance is to address the infrastructure and review procedures for multiple lots off of private roads in the Village).

E. Consideration of a Motion to Set a Public Hearing for November 7, 2005 at 7:30 PM at Barber School for Review of a Wetlands Ordinance Addition to the Village of Spring Lake Code of Ordinances. (The purpose of this ordinance is to address wetlands preservation within the Village of Spring Lake, in addition to the MDEQ’s provisions. Several sample ordinances were collected and will be reviewed as part of the work session.)

F. Consideration of Bids for Leaf Pick-up Packer Truck Bids for the Fall of 2005 and Award of the Bid to Waste Management for $150 per hour. (One bid was received from Waste Management for $150 per hour. This is up from $135 last year.)

G. Consideration of Resolutions of Revocation for Industrial Facility Tax Exemption Certificate Numbers 95-372, 97-781 and 03-474 for the Miller-Smith Manufacturing Company Due to Owner Retirements and Property Redevelopment.

H. Consideration of a Resolution to Extend the Moratorium on All Permit Requests to Erect/Construct Electronic Message Board Signs for Thirty More Days to November 17, 2005. (The Planning Commission will recommend revisions to the sign ordinance to the Village Council following their October 27^th public hearing. This extension will provide time to the Council to have a second public hearing and take action in early November.)

VI. Report by the Village Clerk-Treasurer

A. Consideration of a Motion to Open the Public Hearing to Solicit Public Comment on Rezoning the Miller-Smith Property at 601 West Savidge and the Fletemeyer Property at 721 West Savidge to Central Business District(CBD) from Industrial(I).

Subject: This public hearing was advertised following the last Village Council meeting. The intent of the zoning change is to enable Miller-Smith and the adjacent Fletemeyer parcel to be redeveloped into commercial uses.

Recommendation: Consideration of a motion to open the public hearing to solicit public comment. At the close of public comment, the Village Council may move to rezone the Miller-Smith Property at 601 West Savidge and the Fletemeyer Property at 721 West Savidge to Central Business District(CBD) from Industrial(I) .

B. Consideration of a Public Hearing for an Industrial Facilities Tax Exemption Certificate for $787,085 of Building and Equipment for Bold Furniture Located at 701 East Savidge Street and Approval of such Exemption for Twelve Years.

Subject: This project is part of the redevelopment of Harbor Steel. The IFT request is intended to enable Bold Furniture to expand and grow their employment by ten jobs.

Recommendation: Consideration of a motion to open the public hearing to solicit public comment. At the close of public comment, the Village Council may move to approve the industrial tax facility exemption for Bold Furniture Located at 701 East Savidge Street and approve such exemption for twelve years.

C. Consideration of a Motion to Open a Public Hearing To Solicit Public Comment on a Third Amendment to the Restated and Amended Village of Spring Lake Development Plan and Tax Increment Financing Plan for the Village of Spring Lake Downtown Development Authority Development Area, As Amended by the Central Business District Development Association, and to Subsequently Entertain a Motion to Approve.

Subject: This Third Amendment is necessary to extend the tax increment financing district to December 31, 2015. The purpose is to enable the Village to continue to collect non-school tax for downtown development projects when needed. Although the intent is to hibernate these projects for up to five years, an extension at this time preserves the Village’s option to re-utilize this tool later.

The chronology of events leading up to tonight follows:

· April, 2005. The Village Council received a briefing on how this hibernation would work according to similar community actions elsewhere and directed the Village Attorney and staff to address.

· Letters were sent out to all taxing units inviting them to the meeting noted below and to meet with the Village Council if desired. Several phone calls were received and questions answered.

· The Development Area Citizens’ Council held a duly noticed meeting to review the Third Amendment list of possible projects on September 12, 2005. The list includes participation of the TIF fund for up to 21potential future projects. The Citizens’ Council recommended this list to the Central Business District Development Authority (CBDDA).

· The CBDDA approved the Third Amendment on September 22, 2005 with the addition of project number 22 pertaining to a Community Center for multi-purpose activities.

· The Development Area Citizens’ Council held a subsequent duly noticed and required meeting to review the entire plan again, including this amendment, and approved recommending it to the Village Council on a split vote of 4-2 on October 6, 2005.

The CBDDA’s purpose for the community center amendment was to enable drop in basketball and additional community activities downtown.

My reservations about the community center wish list addition are: 1)whether this is a bonafide downtown anchor activity and 2)whether its funding should include additional communities other than the Village.

See attachments for more information. Village Attorney Dan Martin will be present to answer any questions.

Recommendation: The Village Council may now consider a motion to open the public hearing to solicit public comment. At the close of public comment, the Village Council may move to adopt the Third Amendment to the Restated and Amended Village of Spring Lake Development Plan and Tax Increment Financing Plan for the Village of Spring Lake Downtown Development Authority Development Area, with or without, the amendment from by the Central Business District Development Association.

D. Consideration of a Motion to Approve the Recommendation of the Central Business District Development Authority to Temporarily Hibernate Use of the Tax Increment Financing District for Up to Five Years.

Subject: The Development Area Citizens’ Council reviewed and recommended this hibernation. The CBDDA did the same. The impact of this decision would be to direct staff to continue to collect the taxes from all of the non-school taxing units. Such taxes would be annually reduced until such time as downtown projects are recommended to be undertaken. In the meantime, the Village Council’s budget for next year anticipates use of the Village’s portion for other needs (approximately $150,000). Local Street repair and refurbishment is the highest priority for these funds. At the conclusion of the Five Year Local Street Repair program, this hibernation could cease.

Recommendation: The Council may now consider a motion to approve the recommendation of the Central Business District Development Authority to temporarily hibernate use of the Tax Increment Financing District for up to five years (FY 2011).

E. Consideration of a Motion to Open a Public Hearing To Solicit Public Comment on Amendments to the Spring Lake Brownfield Redevelopment Plan, Including Two Brownfield Tax Increment Financing Districts, and to Move for Approval of the Brownfield Redevelopment Plan and Brownfield TIF Districts following Close of the Public Hearing.

Subject: The CBDDA acting as the Brownfield Authority approved a recommendation to include the properties commonly known as the old Graflex and Miller-Smith properties including 721 West Savidge and a portion of the property at 903 West Savidge into new Brownfield TIF districts. These districts will be responsible for paying back the environmental loans from the MDEQ that are responsible for making these redevelopments possible.

Part of this motion is to establish a point in time of October 21, 2005 after which any approved Brownfield TIF environmental work plan activities at these sites would be eligible to be paid back with school tax capture, as well as local tax capture.

This Brownfield TIF districts include the named properties only and will apply only to the growth in taxable value based on the new redevelopments.

The actual amount of funds eligible for capture will be inserted into a hybrid plan, involving elements of both the local and school tax capture plans, that have been on display at Village Hall so as to accurately delineate work to-date at the Lake Pointe Condominium project.

Recommendation: The Village Council may now open a public hearing to solicit public comment on amendments to the Spring Lake Brownfield Redevelopment Plan, and Brownfield TIF Districts, and to move approval for the Brownfield Redevelopment Plan and Brownfield TIF Districts following the close of the public hearing, with inclusion of the effective date for school tax capture being January 1, 2006 based on environmental work plan activities conducted after October 21, 2005.

F. Consideration of a Motion to Open the Public Hearing to Solicit Public Comment on Site Plan Approval of the Residential Phase of the Harbor Steel Planned Unit Development and the East Savidge Street Redevelopment Located North of Savidge, East of Lake Avenue and South of Lakeside Trail Known as the East Village Condominiums Proposed by Ben Sanders of Ultimate Solutions.

Subject: This public hearing was advertised following the last Village Council meeting. The intent of the planned development request is to develop the eight acres to enable a 46-unit condominium subdivision to be built. The Planning Commission considered this matter on two recent occasions and voted 6-2 to recommend this plan to the Village Council with amendments. The Planning Commission requested no five-plexus and partial sidewalks. Attached is the Developer’s explanation of the development and the plans. The condominiums will be two floors and be priced up to $275,000.

The Village Manager met with the developer and suggested a number of further changes. Given that this is a planned unit development, the Village can be flexible on setbacks and other criteria to require changes that will benefit the overall community.

Other changes, not otherwise addressed and recommended by the Village Manager are:

· Full lengths of concrete sidewalks on both sides of the streets, separated by a five-foot parkway from the asphalt, connecting to all the lots. (The original proposed plans included no sidewalks; following the Planning Commission’s request, partial sidewalks were included. A fully walkable community would have sidewalks that connect all the lots, separated safely from the travel way.)

· There appears to be four trees larger than 30 inches; any approvals should be predicated on saving these larger trees. (Almost all the trees are being removed from the interior of the site. See Plan C1 attached. Given that Spring Lake is a Tree City, preservation of at least the four largest trees is appropriate. A total of 126 trees larger than 12 inches are scheduled to be removed. )

· Elimination of four condominiums so the density would equal five units per acre instead of 5.4 units per acre. Five units per acre is the lowest range of the density permitted in the Planned Unit Development agreement – 5 to 6.9 dwelling units per acre – was specified. (Although the Agreement would have allowed up to 58 units per acre, the placement of single family condominiums and the site does not lend itself to the higher density);

· Phasing needs to be clearly shown on the plans and discussed. (The timing of the street connection from Rotary Drive to Lake Avenue, along with the extension of water lines, hydrants and hard surface access drives needs to precede construction for each phase so as to guarantee firefighter emergency access. )

Information on other successful projects conducted by the developer was requested last week; no pictures, addresses or references were received as of press time.

This is likely the last major subdivision for the Village. As such, I requested Moore and Bruggink engineers to review the plans and provide their comments. I will brief you on the results when they become available prior to the public hearing.

The Village Council should hold the hearing, but not take action until fully satisfied with the plan. If satisfactory additional information is not provided before the meeting, this will be the Village Manager’s recommendation.

Village staff will share this recommendation with the developer in advance of the meeting and will come prepared with a detailed recommended motion for the Village Council to consider.

Recommendation: Consideration of a motion to open the public hearing to solicit public comment. At the close of public comment, the Village Council may move to approve the development with, or without, amendments.