MINUTES
Spring Lake Village
October 5, 2009
7:30 P.M.
Barber School Meeting Room
102 West Exchange
Spring Lake, Michigan
I. Call to Order:
President Filber called the meeting to order at 7:38 p.m.
II. Pledge of Allegiance:
President Filber led the pledge of allegiance.
III. Roll Call:
A. Present: Ferguson, Filber, Kelly, MacLachlan, Miller, Nauta, VanStrate.
Absent: None.
IV. Reports and Statements of Citizens:
Shelia Addison of the Spring Lake Wesleyan Church gave a presentation regarding promotion of their Community Serve Volunteer Days scheduled for November 6th and 7th and asked permission to print chalk circle drawings on prominent locations around the Village to advertise the events. The chalk formula washes off with water.
President Filber stated that he thought the volunteer days were needed in the community and that this was a worthwhile cause. Council member Ferguson agreed. Council member Nauta asked if it was necessary for the Village Council to give permission. Attorney Sullivan stated that the sidewalk ordinance required Council approval.
On a motion by Ferguson, support from Kelly, the Village Council granted permission for the Spring Lake Wesleyan Church to place chalk circles on the sidewalk to advertise the upcoming community volunteer days in November.
Yes: 7 No: 0
President Filber recognized Council member elect Marv VandenBosch in the audience and congratulated him on his election to Village Council.
V. Consent Agenda
A. Approved payment of the bills in the amount of $110,427.00.
B. Approved the minutes for September 21, 2009 regular Village Council meeting.
C. Set a public hearing for Monday, October 21st at 7:30 p.m. at Barber School, 102 West Exchange Street to consider adoption of an ordinance to prohibit outdoor wood-burning furnaces.
D. Awarded the dump body for a 2010 International single axle cab and chassis straight, heavy duty (36,000 lbs gross vehicle weight )plow truck to the second lowest and best bid to Truck and Trailer Specialties of Dutton, Michigan in the amount of $38,306 and authorized the Village Manager to execute a purchase order.
E. Approved a resolution to reconnect one street light for public safety purposes, authorized such changes in the street lighting contract with Consumers Power and authorized the Village Manager to execute the construction work order.
F. Approved the advertisement of a second public hearing regarding reactivation of the commercial redevelopment act (1978 PA 255, MCL 207.652 et seq. as "sunsetted" in 1985) for October 19, 2009 at 7:30 p.m. at Barber School, 102 West Exchange, and designation of the Central Business District Development Area as the requisite redevelopment district so as to attract additional economic development.
G. Approved a budget amendment for up to $3,000 for emergency removal of trees or tree trimming.
On a motion by VanStrate, support from MacLachlan, the Village Council approved the Consent Agenda as presented.
Yes: 7 No: 0
VI. Report By the Village Clerk/Treasurer:
A. Held a public hearing and tabled reactivation of the Commercial Redevelopment Act (1978 PA 255, MCL 207.652 et seq. as "sunsetted" in 1985) and a resolution to designate the Central Business District Development Area (CBDDA) as the redevelopment district so as to attract additional economic development.
Subject: The intent of the law was to allow a 50% reduction in property taxes for a set period of time, not to exceed 12 years, upon application and approval of an eligible project within a proposed redevelopment district, for the purpose of stimulating new commercial development or redevelopment. The proposed Commercial Redevelopment District was coterminous with the existing Central Business District Development Area boundaries.
The Central Business District Development Authority discussed this matter on several occasions and recommended it to the Village Council for adoption.
Each application would be discussed and approved separately by the Village Council, as would be done now for any industrial facility property tax exemptions. The length of term could be up to 12 years. (Six years was recommended as a more fiscally conservative route. Six years would still be long enough to cover capital start up costs.) Approval of this designation would make any new development or redevelopment, due north or south of Savidge in the Village of Spring Lake’s commercial central business district, eligible for an application.
A second public hearing was approved on the Consent Agenda for the October 19th meeting to ensure proper advertising to the general public. This hearing above is still needed since individual invitations to comment were sent to all of the other taxing units for this date already.
President Filber opened the public hearing at 7:58 PM.
Lou Draeger, 736 Fall Street, stated that this could be a helpful thing to small businesses but he had concerns about it. Draeger noted that businesses should be encouraged to go to SCORE through the Chamber of Commerce for help. Draeger stated he was concerned that this would give abatements to new businesses to come to town and compete with existing businesses. He also stated that tax abatements for retail and commercial businesses would be hard to recover if the business failed. Draeger stated that he was opposed to this but he recommended that if Council approved this they should establish it with a policy that all costs incurred by the Village in processing the request would have to be paid by the applicant because it would not be fair to make the citizens pay for the application process.
On a motion by Kelly, support from Ferguson, the public hearing was closed.
Yes: 7 No: 0
Council member Kelly stated that he agreed with Mr. Draeger. He stated that the MML was recommending that the tax abatements be given to existing businesses to help them expand rather than new businesses. The MML also said the cost analysis was bad. Council member Kelly stated that he was opposed.
President Filber stated that small businesses were challenged and this might be a way to draw in new business to the community, but he thought that Council member Kelly and Mr. Draeger made good points.
Council member Ferguson asked if it could be used for local businesses as well as to encourage new businesses. Manager Cotton stated that existing businesses could use it for improvements made in the last 45 days and they were only eligible on improvements. He stated that it was likely that if this was available when G & L came in that they might still be in business.
Council member Kelly stated that if a new pizza place were to come in using this abatement it would hurt Mama Mia’s. VanStrate agreed and stated that this was a service type community, but this would be creating a lot of competition.
Council member MacLachlan asked why the CBDDA recommended this. Manager Cotton stated that the CBDDA did not discuss it in depth and the competition issue did not come up during their discussions.
Mr. Draeger stated that it would depend on the type of business. It might work if it could be used to attract a type of business that we didn’t already have. It would be hard to decide who should get abatements. Attorney Sullivan stated that Village Council would decide on a case by case basis. Council would conduct analysis on the record demonstrating why they approved or denied an application.
Manager Cotton stated that because this item was not properly advertised in the newspaper there was no need for Council to take action at this point. The item could be tabled until the public hearing at the next meeting.
On a motion by VanStrate, support from MacLachlan, the item was tabled until the next meeting.
Yes: 7 No: 0
B. Approved an amendment to the Spring Lake Village Zoning Ordinance to add Chapter 25, Wind Energy Turbines.
Subject: The Planning Commission determined that the maximum height of a wind turbine tower should be 50 feet (including the blades). Ottawa County reviewed the Planning Commission’s recommendation and said a better height is 30 feet above tree/surrounding building levels.
Since “shadow flicker” was raised as an issue at the work session on September 15, 2009, language was inserted on page 5 to limit this potential effect. See Section 25.4 (A) (5).
Code Compliance and Planning Administrator Staton explained that Ottawa County reviewed the draft ordinance and questioned why the Village was limiting the tower height to 50 feet. The County’s research indicated that the tower must be 30 feet above surrounding trees and buildings to work. That was why the County model ordinance had a height of 120 feet. There was discussion about the limited number of properties that could accommodate a tower that tall because of the large setback requirements.
Council member Ferguson asked if there were specific standards or if people would be able to build their own wind turbines. Staton stated that the units would have to be certified by the manufacturer and meet all state codes.
President Filber opened the public hearing at 8:20.
Marv VandenBosch, 702 Winter, stated that when satellite antennas first came out they had to be strictly regulated because of their size, but the technology improved and the units are smaller now. He stated that the same thing would happen with wind turbines. They would become smaller and more efficient over time. VandenBosch stated that the Planning Commission was concerned about having huge towers around town, but were not concerned about the structure mounted turbines.
On a motion by Ferguson, support from VanStrate, Village Council closed the public hearing.
Yes: 7 No: 0
Council member Kelly stated that the County had done a lot of work developing the model ordinance so they knew about the wind turbines. He stated that there was not a lot of space in the Village for the towers so he agreed with the County about the height. Council member Ferguson stated that he also agreed, especially with the large setbacks required.
Council member VanStrate stated that he didn’t think people wanted to see 120 foot tall towers in the Village. There was discussion about where it might be possible to place a tower that tall. Attorney Sullivan noted that the school properties were exempt from local zoning requirements. Council member Ferguson stated that there were only a couple of places where a tall tower could be placed.
On a motion by Kelly, support from Ferguson, the Village Council adopted the zoning ordinance amendment to add Chapter 25, Wind Energy Turbines with the change to Sections 25.2(N) and 25.4(A)7 to set the total height of a small tower mounted wind energy turbine not to exceed one hundred twenty(120) feet.
Yes: 5 No: 2 (Miller, VanStrate)
VII. Report By the Village Manager:
A. Approved a comprehensive Ethics Policy.
Subject: Manager Cotton explained that two options for this policy were discussed in the prior work session. Village Council could choose to adopt Option A or Option B with or without amendment.
On a motion by VanStrate, support from MacLachlan Village Council adopted the Option B Ethics Policy without amendment.
Yes: 7 No: 0
B. Amended the Public Improvement Fund budget to provide for replacement trees.
Subject: The Village budgeted for reforestation of the 200 East Savidge block of Lakeside Trail in the amount of $8,000. Some of these trees were now needed elsewhere due to the normal removal process as well as the August 9th storm. It was anticipated that approximately 45 trees total were needed. To accomplish this goal, a smaller caliper of 2 inches can be bid for approximately $10,000 total. An alternative was to bid the usual 3 inch caliper tree for about $16,000.
These funds are available in the Public Improvement Fund given the reduction in cost for the Whistle Stop Playground refurbishment from $25,000 to $5,000.
Manager Cotton explained the need for the trees, the possible funding sources and the options for tree sizes and numbers. He stated that it had been the policy for the last few years to replace each tree that was taken down, but that wasn’t always the way it was handled. He asked Council for guidance on how many trees and what sizes should be planted.
Council member Kelly asked about the status of the Village tree farm. Manager Cotton explained that 18 trees were planted but were not ready to be transplanted yet, but there were some older trees that could be moved with professional help if it is not too expensive.
Council member MacLachlan asked about the source of the funding for the project. Manager Cotton stated that the funds are in the Public Improvement Fund which is funded by TIF dollars and not affected by revenue sharing cuts. Council member MacLachlan stated that he was glad they had cut back the funding for the Whistle Stop Playground, but he wasn’t sure that they should spend the extra money now.
Council member Ferguson asked DPW Superintendant Doug Whitley about the differences between a 2” tree and a 3” tree. Whitley stated that the survival rate was much better for the 3” trees and they were less susceptible to vandalism. He stated that they also would look better right away after they were planted. Council member Ferguson stated that he would rather plant fewer trees so that 3” trees could be planted.
Manager Cotton stated that with no change to the budget there would be $2,000 for trees. Using the extra Whistle Stop funds would provide an additional $17,000. Council member Ferguson stated that the budget for Whistle Stop Playground was cut for a reason and those funds should not be spent now.
On a motion by Kelly, support from Miller, the Village Council amended the Public Improvement Fund’s Whistle Stop Playground from $25,000 to $5,000; Lakeside Trail reforestation from $8,000 to $6,000 and the Tree Planting Program from $0 to $10,000 for smaller caliper trees than usual due to economic circumstances.
Yes: 5 No: 2 (Ferguson, Nauta)
VIII. Reports from the Village Council:
Council member Ferguson reminded everyone that Wednesday, October 7th is the trash cleanup day in the Village.
President Filber thanked the Village Council and staff for writing letters to state leaders asking them not to make any further cuts to state revenue sharing.
IX. Statements of Citizens:
Marv VandenBosch, 702 Winter, stated that there was still a big dip in Lake Avenue after the road work was completed. VandenBosch also stated that he thought it would be a good idea to install a 4-way stop at DeWitt and River because of the poor visibility and the excessive speed of the vehicles on River. Council member MacLachlan agreed, and President Filber asked Manager Cotton to look into it. Council member Ferguson stated that if the Village is going to look at stop signs it should just make the decision and not spend money on a traffic engineer who is not familiar with the community.
X. Reconvene the Work Session (if necessary)
XI. Adjournment:
On a motion by VanStrate, support from Kelly, the Village Council adjourned from the Village Council meeting at 8:45 p.m.
Yes: 5 No: 0
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William Filber, Village President
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Kathy Staton, Deputy Clerk
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