AGENDA
Spring Lake Village
June 15, 2009
7:30 P.M.
Barber School Meeting Room
102 West Exchange
Spring Lake, Michigan
NOTE: A special community open house for Lake Avenue Neighbors will take place at 6:30 PM just prior to the Work Session and Council Meeting.
I. Call to Order
II. Pledge of Allegiance
III. Roll Call
A. Present: Ferguson, Filber, Kelly, MacLachlan, Miller, Nauta, VanStrate.
B. Motion to Excuse any absent members
IV. Reports and Statements of Citizens
V. Consent Agenda
A. Consideration of a Motion approving the payment of the bills in the amount of $356,571.87 (The big ticket item this week are the annual TIF fund hibernation payments to the other units of $113,282, the first Meridian payment of $33,994 and the annual Lake Pointe and Mill Point Loan repayments of $103,051.) (Attachment A).
B. Consideration of a Motion to approve the minutes for June 1, 2009 (Attachment B).
C. Consideration of a Motion to Set a Public Hearing for Monday, July 6,, 2009 at 7:30 PM at Barber School, 102 West Exchange Street to Consider Removal of Section 50-33, Park Rules, of the Spring Lake Code of Ordinances Regarding Carrying of Firearms in Spring Lake Parks. (The Village of Spring Lake/City of Ferrysburg Police Chief was recently made aware of constitutional complications with this current limitation. This matter was discussed in work session. Chief DeYoung recommends elimination of this apparently unconstitutional language from the Village’s ordinances.)
D. Consideration of a Motion to Approve the Monthly Bill for Reimbursement of Legal Costs to the Public Utilities Division of the Ottawa County Road Commission for the Village of Spring Lake’s Share of the Northwest Ottawa Water Treatment System South Intake Litigation in the Amount of $2,016.81. (See attached bills. The total expected costs to the Village for this litigation is 6.82% of the grand total, or approximately $57,305. The amount spent to-date is $45,595, inclusive of the above billing.)
E. Consideration of a Motion to Approve the Third Annual Reimbursement to the Other Taxing Units for Unused Funds Remaining from Tax Year 2008 in the Tax Increment Financing (TIF) Fund Due to TIF Hibernation. (The total amount for redistribution is $113,282.44. These payments include the final amounts due to the MDEQ Brownfield authorities for the Lake Pointe redevelopment project and continue the payments needed for the on-going Mill Point redevelopment project. These payments also make the Local Street resurfacing program possible.)
F. Consideration of a Motion to Approve the Entertainment Tent on Thursday, June 18, 2009 During the Wings on the Water and Thursdays At the Point Heritage Festival Events. (The entertainment tent was previously approved for Friday and Saturday by Council; this agenda item is provided to ensure that approvals were intended for Thursday night as well.)
G. Consideration of a Request from the Spring Lake Yacht Club Building Committee to Replace the Current Boat Shed Building with a New, Expanded Shed and a Wrap-around Deck. (This request includes an expanded footprint. It was suggested that the proposed new shed move 4 feet further north and 4 feet further east. This is important to not crowd the west property line or the beach. Since the existing shed is near the western property line and since the Five Year Recreation Plan includes the recommendation to construct a trail someday from West Spring Lake Road to Spring Lake, this footprint adjustment will allow a public pathway to reach the beach just west of the new footprint without interference with the Yacht Club’s operations. See attached excerpt from the Plan.)
H. Consideration of a Motion to Approve the Annual June Budget Adjustments. (This is the annual audit requirement to adjust the budget right up to the close of June. Attached are the cash balances and a list of changes. The General Fund is better off than the February adjustments. The use of fund balance will come in at $51,547 over budget versus the $52,862 expected earlier. Approximately $5,000 of this is planned for the Mill Point Park extension purchase; about $16,000 is due to Tanglefoot Park revenue reductions; about $13,000 is due to state shared revenue sharing cuts; and the rest of it is due to increased costs associated with street lighting, buildings, Harbor Transit, parks and public works. All the other funds are tracking pretty closely, except for the Major Street fund. It will be down about $12,000 more than originally expected due to extra Meridian Street project engineering and construction costs. See the attached cash balance spreadsheet dated June 15, 2009. The budget adjustments are listed on the attachments. The full and complete budget, with all adjustments, is available in the Village Clerk-Treasurer’s office.)
I. Consideration of a Motion to Approve Refinancing of the Loan for 209 South Park for a Term of Up to Five Years and Authorization to the Village President and the Clerk-Treasurer to Execute the Necessary Documents Provided by Fifth Third and the Village Attorney. (This action is needed to reduce interest costs until the market improves and this property can be sold as a single family home for an overall net gain to the taxpayer. The expected interest cost is approximately $8,000 per year and is budgeted in the Public Improvement Fund. There will be no prepayment penalty when the property is sold.)
Recommendation: After reading the Consent Agenda, the Village President will request a motion to approve. A Council Member may now make a motion to approve the Consent Agenda. (Roll call vote.)
(Any member can ask that an item be removed from the Consent Agenda, if desired. Such item would then be discussed and voted on separately later in the meeting.)
VI. Report By the Village Clerk-Treasurer
A. Consideration of a Public Hearing and Approval of An Amendment to Chapter 20.7, Special Land Use Specific Requirements, of the Spring Lake Zoning Code Pertaining to Adult Day Care Facilities.
Subject: This amendment is the latest in a series of on-going efforts to update the Zoning Code and to address changing needs in the community. This ordinance will apply to the Little Red House and to the entire Public, Semi-Public zoning districts. The ordinance requires that new facilities and changes to existing facilities would require special use permit approval by the Planning Commission, including a guaranteed public hearing for the general community and neighborhood. The ordinance also addressed hours of operation, minimum lot areas, awnings and accessory buildings. See attached ordinance.
Recommendation: Following public comment and discussion with the Code Compliance and Planning Administrator, a motion to close the public hearing is in order. Following the close of public comment, a Village Council member may now make a motion to approve this amendment.
VII. Report By the Village Manager
A. Consideration of a Motion to Accept the Lowest and Best Bid for Sidewalk Replacement Services and to Authorize the Village President and Village Clerk-Treasurer to Execute the Necessary Agreements.
Subject: This matter was last bid two years ago. Bids were requested again this year and will be opened on Monday, June 15, 2009 at 10:00 AM. A bid tab will be made available by email before the meeting on Monday. A review of references will be done prior to making a recommendation Monday night as well. The work will not begin until next fiscal year when a budget of $8,000 from the Public Improvement Fund becomes available.
Recommendation: A Village Council member may now make a motion to award the lowest and best bid recommended by staff for sidewalk replacement services and to authorize the Village President and Village Clerk-Treasurer to execute the necessary contract.
B. Consideration of a Motion to Accept the Lowest and Best Bid for Concrete Driveway Aprons on North Mason and North Division (after the resurfacing projects are completed) and to Authorize a Local Streets Budget Adjustment in an Amount To Be Determined and to Authorize the Village President and Village Clerk-Treasurer to Execute the Necessary Agreements.
Subject: A total of twelve gravel driveways have been requested. The possible cost is $5,000 to $6,000 to the Village’s Local Streets fund. The bids will be opened on Monday, June 15, 2009 at 10:00 AM. A bid tab will be made available by email before the meeting on Monday. A review of references will be done prior to making a recommendation Monday night as well. The work will not begin until next fiscal year assuming the Village Council approves the budget amendment.
The Village is plowing new ground on this matter. We are acting as engineers and general contractors given that no federal grant dollars or engineers are otherwise available for Local Streets. Although award is requested tonight, the actual work will not begin until next fiscal year after the North Division work is completed. The timing of this work depends on soil borings being done on North Buchanan due to saw dust and other matter apparently creating the “humped” up appearance. –
An alternative approach would be to postpone the North Buchanan project to FY 11 instead of FY 10.
Recommendation: A Village Council member may now make a motion to award the lowest and best bid recommended by staff for concrete drive approach work, approve a budget adjustment in an amount to be determined, and to authorize the Village President and Village Clerk-Treasurer to execute the necessary contract.
VIII. Reports from the Village Council
IX. Statements of Citizens
X. Reconvene the Work Session (if necessary)
XI. Adjournment
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