Present were Supervisor Stuart Visser, Treasurer Jan Steggerda,
Clerk Jeff Ebihara, Trustees Bret Docter, Amanda Price,
and Attorney Dan Martin.

Absent were Trustees Doug Dreyer and John Van Iwaarden.

The Treasurer’s Report was given as follows: 

Beginning Balance...........................................................$2,584,480

Receipts........................................................................$  772,378

Disbursements................................................................$  174,307

Ending Balance...............................................................$3,177,718

PUBLIC COMMENTS (2 MINUTES PER PERSON)    

John Maring-294 Dyken Ave.-spoke on behalf of Smitty’s Pronto Pup’s.  He stated there have been words exchanged and pleaded for the residents to not be angry toward the owners.

Mike DeVries-2226 Ottawa Beach Rd.–stated he worked with DNR and has their approval and the BPW’s approval for treatment of sewage that will be generated. The passing of the Parks and Recreation millage renewal shows that the residents desire recreational facilities.  Park Township is the only port that doesn’t have a fish cleaning station.  The fish cleaning station would benefit fishermen and families.

Herb Pollock-2285 Ottawa Beach Rd.-stated there would be a negative impact of the pronto pup stand to the historic residential character of the neighborhood.  There is an on-going, organized effort to restore the traditional appearance of the neighborhood by the residents and other local organizations.  The neighborhood was awarded national and state historic site designations.  He feels the Pronto Pup stand or any commercial business will degrade the historic nature of the area.  He asked the board to deny the rezoning request.

Sally Pollock-2285 Ottawa Beach Rd. -disputed the argument that the property is not suitable for residential development and provided three (3) options for home development on parcel # 70-15-33-279-002. She asked the board to reject the proposal.

Carol Washburn–2253 1^st Ave. -stated her concerns about personal attacks and added they do not need the Pronto Pup stand in their neighborhood.  She asked the parties involved to stick to the issue and avoid personal criticisms.  She feels that taking a residential lot in a residential neighborhood is not appropriate.

John Robertson-Michigan United Conservation Clubs employee (based out of Lansing), 13252 Hidden Creek Dr., Grand Haven, was the Chief of Fisheries for the DNR.  Public access to the Great Lakes is a big issue for the DNR.  The cleaning station would give many people, especially visitors and non-professional fishermen, a place to clean their fish.  This may provide the township with a greater economic opportunity.

Docter asked Visser how the fish cleaning station request would proceed.

Visser stated the process for fish cleaning station request.

Bob Schipper-1913 Ottawa Beach Rd. –supports Mark and the Pronto Pup’s stand.  He stated many of the items in opposition to the Pronto Pup’s development and refuted them with items in favor of the development.

Bob Garlinghouse-2317 Auburn Ave.-treasurer of West Michigan Parks Association-would like to see a Pronto Pup stand that agrees with the master plan.  He stated a domino effect is happening that is counter to the revitalization the area is experiencing.  He spoke on behalf of Bob and Carol Fewless and described three examples of the “domino effect” that has occurred since they purchased their cottage.

Skip Nagelvoort -2323 Pavillion – Board Member of West Michigan Parks Association- apologized to how his comments about corn dogs were received.  He stated he respects the Smith’s but they do not meet the standards that are necessary for change as described by the Planning Commission and Mr. Martin.  He encouraged the board to not use conditional rezoning in this case because the legislation is relatively new and has not been tested by time or the court system.   Mr. Nagelvoort stated that the planning commission had a well thought out decision and urged the board to support their decision.

Ebihara asked Mr. Nagelvoort if the township board can assume the names of residents that appear in the letters of correspondence with the township are in agreement with the position of the West Michigan Parks Association board regarding this issue.

Nagelvoort stated that he cannot say that all of them are in agreement but the West Michigan Parks Association sent out e-mails asking for exceptions to the list. 

Jan Walters-679 Bosma-stated the board must legally have a reason to reject the Planning Commission’s decision.  The Board needs to have compelling evidence to re-zone and overturn the decision.  Also, the applicant needs to prove that the property cannot be used as zoned and the rezoning will not have a negative impact on the rest of the neighborhood.  She requested the Township Board deny the rezoning request.

Joel Welch–679 Bosma- stated he went to the Grand Haven Pronto Pup’s location and described his experience as it pertained to the building and infrastructure surrounding the area.  He stated nothing could be less similar to that in the Holland location.  He described a traffic scenario that could result from the development.

Betty Jones-16757 Ashley Ln.–stated she is in favor of Smitty’s Pronto Pups.  She understands the residents’ concerns but the picture is bigger than that. She feels traffic will not be compounded due to the stand.  We need more to offer the visitors that come to our community.

Bob Fewless-4436 Hidden Lake Court, Hudsonville-owns cottage on 2247 2^nd St.-stated he called Neetha Speet (Summit Properties Realtor) and she stated this development would have a negative affect on the property values in the area.  He would like to keep the area unique.

Docter asked Fewless how long he has owned his cottage.

Fewless stated they have owned the cottage for 10 years.

Sherrie Martins-sponsorship director of Tulip Time- submitted a request for financial appropriation from the Township.  Park Township has been a partner of Tulip Time since 2001.

Ebihara thanked the Tulip Time Festival for the increase in diversity that the festival has shown in the last few years.

Craig Hill-2 2250 & 2270 2^nd Ave.-stated he is opposed to Pronto Pups.  He has concerns about the property values, traffic and about the possible failure of the business and the building becoming vacant.

Sandy Hill-2250 & 2270 2^nd Ave.–stated she is concerned about changes in the proposed type of business (items served) and hours of operation.  Her renters enjoy the cottages the way they are now.

George Washburn-2253 1^st Ave.-stated five (5) items he would consider when voting on the rezoning of parcel #70-15-33-279-002 if he placed himself in the shoes of the township board.

Karen Schaner-16719 Ashley Ln. –stated she supports Smitty Pup’s and restated the letter she submitted to the board.

Elaine Mudge-2246 1^st Ave.–restated many points in her letter to the board.  She stated she likes the plan but the location is wrong.  She would like the board to consider traffic patterns and demographics of the area in their decision.

Kelly Brown-2300 Tunnel Breeze Ct.–stated many rental places are empty for a good part of the summer.  The development could bring additional business, jobs and financial stability to the beachfront area.  Smitty’s can create memories for our families.

Tim Cook-2374 Orchard Ave.-stated he is a lifetime resident and in favor of the development.  He added that Mark Smith has a great idea and the passion to make it work.

Darryl Reitberg-1710 Waukazoo Dr.-stated he loves Pronto Pups and goes to Grand Haven to get them.  He would like to keep the money in the area.

Rick Nelson-17242 Riley St.-stated that he has been in a similar position as Smitty Pups and wants the board to look to the future and supports Mark and his plans.

“Sparky” Vern Pollock-1751 Washington St.-stated we need the jobs and money to stay in the area.

BLUE FLAG IRIS PUD FINAL:  PUBLIC HEARING

Visser opened the public hearing and asked Mr. Bowens to present the proposal.

Joel Bowens-321 Settlers Rd. representing 14568 Riley LLC. It is a 38 acre site developed as 8 residential lots by land division.  The PUD has the recommendation of the Planning Commission.  He stated the provisions made regarding water.  He gave a background of the meetings conducted with the Township and Ottawa County regarding the unique zoning conditions.  He rebutted comments made against the PUD.

Visser asked if anyone wished to comment on the PUD.  He discussed his concerns regarding the water system. 

Visser closed the public hearing.

Docter asked if the township can put an agreement together with HCT regarding placing future extensions on the line to share revenue.

Visser stated we can place a surcharge on the water used.

Steggerda asked if we need to place a metering station in the area.  As development increases we can retain the water customers in that area.

Visser stated we just closed a metering station in the area because we would have had to set up an entire water system and economically it was very unfeasible.

Docter would like to open dialogue with Holland Township to provide for future extensions and how those are handled.

Steggerda asked if the owners of the lots would know that this is an issue.

Docter stated it is in the PUD approval documentation.

Bowens agreed and nothing in the ordinance states that we will treat HCT and Park Township water customers in a different manner.

Visser asked if each PUD stands on its own as a development.

Martin responded, yes it does.

Ebihara asked if the developer owns any adjacent parcels outside of the development.

Bowens confirmed the developer does not own any of the adjacent lots.

Steggerda asked if the developer would develop the back half of the lot or sell lot #8.

Bowens stated that it was discussed with the Planning Commission and ZBA that in the event the Township made water or sewer available and the area was rezoned a different density then they would make decisions based on those facts.

Martin said there are provisions in the report that address that situation.

Docter confirmed that the lots were a unique consideration for both the ZBA and Planning Commission.  He stated it is an excellent opportunity to develop this parcel.  He stated it is not the decision of the board if the time is right economically.  It is the board’s decision if it fits in the master plan.

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made by Docter and supported by Steggerda to approve the resolution and report, granting final approval to Blue Flag Iris PUD as presented.

Niki Arendshorst -1653 S. Shore Dr. - stated she voted against the PUD.  The reasons she voted against the development were that she is uncomfortable with the home design being left to the owner, thought the design could be more creative and the water situation was a factor.

Price stated that open space design was originally intended to preserve farmland.  The water and sewer system is a major concern.

Steggerda added she is struggling with a decision due to the septic situation.

Roll Call Vote: 4-1 in favor of the motion.  Visser opposed.

Docter asked if the no vote for Visser was due to the utility issue. 

AUTHORIZED DEPOSITORY ADDITION

Visser asked Ms. Steggerda to present the information to the board.

Steggerda introduced an additional depository to the list of approved depositories.

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made by Docter and supported by Price to add a depository to the Treasurer’s list.

REZONE REQUEST PARCEL 70-15-33-279-002

Docter suggested the board take a short recess to review, letters received on that day so the board is able to review everyone’s concerns.

The board agreed to take a 10 minute recess.

Visser introduced the rezoning request and asked the applicant to present his proposal to the board.

Mark Smith-15860 Fendt Farm Dr.-resident and business owner in Park Township.  He acknowledged the Parks Assoc, Park 12 and Historic Committee and stated that he understands their concerns.  He stated they should not be responsible for making decisions like these.  He stated they have gathered over 760 signatures on petitions in favor of his proposal.  A majority of signatures are from Park Township residents. 

Randy Schipper-321 Settlers Road -also a resident of Park Township stated the board should consider what is best for Park Township as a whole.  He described the layout of the area surrounding the parcel.  Mr. Schipper stated a building inspector deemed the existing home not inhabitable and the land would be difficult to build on.  He described the arguments against the proposal and challenged each of them. He provided the board with a history of the development. Mr. Schipper stated the developer is working with Ottawa County regarding traffic safety. He asked the board for approval on the conditional zoning.

Visser asked for a positive motion regarding the rezoning.

Martin explained the process of conditional rezoning if the board approves the motion.

Martin also explained that a meeting of the minds between the two parties needs to happen in the conditional rezoning.  If that happens, the details will be written out for the board’s approval next month.

Visser asked Schipper to explain the voluntary conditions submitted to the planning commission in January and additional in correspondence dated February 7^th.  

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made by Docter and supported by Ebihara to approve the conditional rezoning as presented per the amended application, including all of the conditions voluntarily offered by the Applicant, and to have the township attorney and the applicant’s attorney prepare an ordinance including all of the conditions, for the Township Board’s review and approval at the next Board meeting prior to publication.

Martin explained and summarized the motion.

Docter stated that the conditions were known to the Planning Commission and are part of the report and resolution.

Schipper stated there are two (2) pages that were submitted to the Board that the Planning Commission has not seen.

Martin stated that conditional zoning is new to Michigan and Park Township.  He explained the laws surrounding the process.

Ebihara summarized that the applicant is submitting conditions that he is willing to accept. Those conditions will be part of the ordinance that the board will approve next month, if the board approves the conditional zoning.

Visser asked if the conditions were discussed at the Planning Commission.

Docter affirmed the conditions were discussed.

Visser asked if the board would see this ordinance next month.

Martin stated that the board would probably see the ordinance next month.

Steggerda stated this is a very confusing proposal.  She claimed our area is lacking in some commercial shops.  She would like to see the bike path back off the road as has been discussed.  She stated some additional thoughts regarding the issue.

Ebihara asked the applicant to state the planned hours of operation.

Smith replied 10:30 am–11 pm.

Ebihara questioned what other menu items the proposed Pronto Pup stand would be serving.

Smith stated they will provide limited menu items as stated in correspondence.  The main menu items are pronto pups, chips and drink and possible occasional special menu items.

Ebihara asked about the hours of other businesses in the area.

Residents stated the General Store is open until 10pm.

Ebihara stated that 11pm may be a little late for the area.

Smith stated that the hours can be amended.

Martin stated those changes can be proposed in writing.

Docter stated that conditional zoning is new to the township.  That area is unique and the ZBA has done a good job with the residents to help rehabilitate the neighborhood.    Docter stated that he hopes the passion of the residents to rehabilitate the neighborhood continues to grow.  This property is outside of the neighborhood.  The applicant has gone to extensive lengths to fit the proposal into the neighborhood.  He stated many other thoughts regarding the proposal.  Docter also stated that the township should support businesses that maintain the feel of the area and promote tourism.  He added that using conditional zoning is appropriate for this situation.

Price stated there is no process in place for rezoning and that is an issue.  Our community can decide not to enter into conditional rezoning because it is very “messy”.  The township has not adopted any procedures regarding this issue.  She stated the board does not typically go against the Planning Commission.  The traffic situation is a major concern to her.  She is not clear regarding the conditions and not comfortable leaving drafting the document to counsel and not the Board.

Steggerda stated that she is concerned due to a scheduling change, there were four planning commission members that were not at the meeting to vote on the issue.

Visser stated this is a very unique situation.

Steggerda asked if the Ottawa County Road Commission has any ideas regarding the traffic concerns.

Schipper stated they have been contacted and Ottawa County stated that they see no additional problems regarding this property proposal.   The applicant has asked the Ottawa County road Commission for “No Parking” signs on some side streets; push back the fence by the corner of the property for better sight of oncoming traffic and for the bike path to be moved off of the road.

Docter stated the issue was addressed at Planning Commission.

Steggerda stated that 2^nd Ave. should not be used for parking.

Roll Call Vote: 4-1 in favor of the motion.  Price opposed.

AIRPORT AUTHORITY APPOINTMENT

visser stated Price is up for reappointment to a 4 year term.

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made by Steggerda and supported by Docter to reappoint Price to a 4 year term to the Airport Authority.

Docter asked about the procedure regarding alternates.

Price stated the alternates are not elected to a term.

COMMITTEE REPORTS

Barb Burmeister gave the Parks and Recreation report in VanIwaarden’s absence.  Fish cleaning station was presented to the recreation committee; no funding was requested at that time.  The Parks and Recreation Committee asked the applicants to present to the board.  She discussed the skate park revisions and asked for a motion to adopt the name David L. Dirkse for the skate park.

Ebiahra asked if Park Township has a formal policy on naming parks, streets etc. after people.

Visser stated there is no formal policy and explained past precedent.

Docter stated the township should adopt a policy regarding this issue.

Price stated that he has not donated the land but a substantial amount of money.  There is a difference.

Burmeister and the Parks and Recreation Committee felt the naming of the park would lead to other donations and fundraising opportunities by companies or individuals in the form of bricks plaques etc.

Docter asked if the proposed site of the property was donated to the township.

Visser stated it was purchased at fair market value by the township.

Docter inquired if Mr. Dirkse’s new home is located within Park Township.

Burmeister stated it is in Port Sheldon.

Visser stated he is a former Park Township resident.

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED: A motion was made By Docter and supported by Ebihara to name the skate park after Mr. Dirkse.  Price opposed.

Burmeister stated the money is there to begin the skate park and fundraising is gaining momentum.  After speaking with residents and reassessing the location in conjunction to the dog park, the Parks and Recreation Committee decided to change the location of the skate park.

Ebihara asked what will happen to the skate park the week of the fair.

Burmeister stated the skate park, like the dog park, will be closed during the fair.  She stated signs are posted a week before the fair to inform users and residents.

Price asked about lighting for the skate park.

Burmeister stated the skate park will not be lit.  Generally the park will be closed from December through March when it gets darker earlier in the evening.

Ebihara asked if there are utilities at the site.

Burmeister confirmed there are utilities available.

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED: A motion was made by Docter and supported by Steggerda to approve in concept the proposed skate park site contingent upon the Parks and Recreation working with the Fair Board.

Price is concerned that the kids will be able to access the property safely.

Visser stated that her concerns will be addressed during the budget meeting.

Docter stated an additional bike path along the south side of Ottawa Beach Rd. will not only benefit the children going to the skate park but the dogs and their owners.

Burmeister stated that the Parks and Recreation Committee asked their representative at the board meeting to request funding in the amount of $100,000 from the recently passed millage be moved into the parks fund for the skate park.

Docter asked about the financial status of the township and the parks fund.  He also questioned if any of the budgeted money is committed.

Visser reminded the board they were asked to commit an additional $20,000 for the fish cleaning station from that fund also a balance due for the Wendt Park improvements which is 85% complete.

Ebihara asked Burmeister to clarify her request.

The board decided to make this an item to discuss at the budget meeting.

Price stated she thought the skate park was going to be funded privately.

Burmeister stated that things have not moved as they thought.

Ebihara stated that he feels moving the money will be a disincentive to possible donors.  He stated he would be willing make calls to help raise funds.

Docter asked if the township could encourage a partnership between the public and private sector to maybe match funds raised.

Burmeister is open to this idea and notified the board on the fundraisers planned.

Docter stated the reference to the dog park in the sentinel was a great reflection on the Parks and Recreation Committee.

Burmeister said the board deserves to be commended on their expedience in passing the funding and making it happen so fast.

Ebihara stated the need for some sort of combined effort to include the Maxx bus service so that kids from around the area can visit the park.  Also, he would like to incorporate some sort of emergency communication at the skate park location.

Visser asked Price to report on the meetings she attended.

Price deferred the discussion regarding the MACC policy meeting to Clerk Ebihara.

Ebihara stated that Holland City has asked the other jurisdictions affiliated with Charter 22 to assume some of the operating costs or the connection will be removed.  Without Charter 22 and inter-connection with the city, residents will no longer have MacTV broadcasting and programming.  He stated the city is very serious about this request.  Franchise fees are the method of payment for this cost.

Docter asked what our franchise fees are.

Ebihara stated they are ½ percent and would only cover 50% of our share of the operating costs.

Martin stated the law prevents us from raising our franchise fees.

Ebihara asked if we would get additional franchise fees if another carrier comes into the market.

Martin said we could but only if the new carrier pays the same percentage.

Docter stated that we will be asked to pay more than we make in franchise fees.

The board discussed how the fees are used as compared to other jurisdictions. The fees collected are supposed to be used specifically for the purpose they are collected, not general fund purposes.

Price reviewed the handout regarding the meetings she attended.

Docter stated the master plan sub-committee will meet tomorrow.  Fair board lease comments will be issued this week.  Dave Vander Kooi has been named the new president of the fair board.  The Ottawa County Fair is considering providing fireworks at this year’s fair and asked about the procedure to get approval for the fair to use fireworks.

PAYMENT OF BILLS

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made by Steggerda and supported by Docter to approve the check register for January, and the bills to be paid in February.

ADDITIONAL PUBLIC COMMENTS (5 MINUTES PER PERSON)

George Washburn – 2253 1^St Ave- asked that when looking at the conditions regarding the Pronto Pup zoning, do the residents have any input on the conditions?

Martin stated the conditions were already voluntarily submitted by the applicant.

Washburn stated that there are some things the residents would like to ask the applicant to do, can the township ask the applicant to propose any conditions?

Martin stated that by Michigan law there is no going back to discuss conditions.  The opportunity to ask for certain conditions was at the Planning Commission, ZBA or put in writing to the Township Board.

Washburn stated this makes no sense and described many conditions the township should have considered.

Ebihara asked if the applicant could submit some additional conditions at their discretion.

Martin agreed the applicant can submit more conditions before board adopts the ordinance but cannot be required to do so.

Ebihara suggested the residents meet with the applicant to voice their concerns.

Washburn had many questions and comments for the board regarding the process and how things work from this point.

Mrs. Washburn wanted the board to confirm if the business fails, it automatically goes back to R-3, can the owner of the land rezone.

Martin explained what the owner can do regarding zoning at that time.  The township cannot deny the owner viable uses of their land.

Niki Arendshorst-1653 S. Shore Dr.-addressed the vote regarding the parcel rezoning at the planning commission level.   

Joel Welsh –679 Bosma – stated he is bothered about the structure of the meeting.  He voiced his concerns regarding traffic and safety.

BOARD COMMENTS

Ebihara personnel handbook is in the hands of legal counsel and the board should have a copy of it soon.  Nominating Petition Kits are available at the clerk’s office for anyone who wants to serve.  He thanked the many volunteers and staff that serve on Election Day.

Price asked the Planning Commission to come up with a conditional zoning ordinance.  She stated as a reminder the township will no longer employ a constable.  That position is not up for re-election.

Martin stated the Planning Commission is in the process.                            

Docter stated the township should gain information on conditional zoning because there are opportunities in the township to use it to service the township.                 

ADJOURN      

Daniele Dykens, Recording Secretary