Supervisor Stuart Visser called to order the regular meeting of the Park Township Board held on January 8, 2004 at 6 p.m.

Present were Supervisor Stuart Visser, Trustees Ed Marsilje, Gene Koopman, Amanda Price and Paul Van Dyke, and Attorney Dan Martin. 

Absent were Treasurer Jan Steggerda and Clerk Howard Van Raalte.

The Treasurer's Report was given as follows:

Beginning Balance, $2,628,717
Receipts,                 $ 37,525
Disbursement,          $245,714
Ending Balance,     $2,420,528

The Zoning Administrator's Report indicated building permits were issued for 14 single-family homes in December and a total permit activity of $3,938,000.

In 2003, 126 single-family permits were issued with approximate permit activity of $46,000,000.  In 2002, 121 permits permits were issued and about $44,000,000.  

Koopman reported 3 Liquor Inspection reports had been turned in for December.  All establishments were in compliance and good condition. 

PUBLIC COMMENTS

No public comments.

SUBDIVISION FINAL:  BOUMAN PLAT

Todd Paquette from Driesenga & Associates represented Jack Bouman. He noted the site is about 10 acres in size, currently zoned R3 - developed as a plat, has 15 single-family residential lots to be serviced by public water and sanitary sewer system.  The owner contributed to the extension of the sanitary sewer easements.  A bond was deposited with the Township for the curbing and topcoat.

Visser stated the bond was in the amount of $18,509.  Payment was received for the off-site sewer as per the agreement.  The plat is the same as the preliminary approval.

MOTION MADE, MOTION SUPPORTED, MOTION CARRIED: A motion was made by Koopman and supported by Marsilje to grant final approval to the Bouman Plat Subdivision.

PUBLIC HEARING:  MACATAWA LEGENDS P.U.D. FINAL

Visser opened the public hearing.

Todd Paquette, Driesenga & Associates, gave an overview of the development noting it is approximately 155 acres with 17 home sites averaging 2 to 3 acres in size.  Also, the plan calls for 2 ponds; 7 holes of the 18 hole golf course will be in Park Township.  It will be serviced by public water and sanitary sewer systems.  

Jim Brewer, 14956 New Holland Street, farms land next to this proposed development.  He stated his concern how this might affect the water level.  He heard the developers may remove an existing dam.  He also wondered about the placement of the survey sticks.

Visser stated if Mr. Brewer would like to know exactly where his lot lines are, he will need to get his property surveyed. 

Visser closed the public hearing.

Paquette stated no proposal was offered for the removal of the dam.  They would like to insert a second dam upstream.  Their intention is to dig during the off-season growing months.  The effect on the water level will be minimal.  Extensive studies were done for both Park and Holland Townships.

Van Dyke expressed his concern for going ahead with the project without knowing Mr. Brewer’s lot line location.

Koopman stated the Planning Commission looked at the dewatering study in detail and was satisfied. 

MOTION MADE, SUPPORTED, MOTION CARRIED 4/1: A motion was made by Marsilje and supported by Koopman to approve the resolution granting Macatawa Legends final approval as a P.U.D.

Price stated she likes the layout and type of housing, but is concerned about the impact on the schools and the location of it being in the most rural area of our township.

PUBLIC HEARING:  KELLY RIDGE ESTATES P.U.D. FINAL

Visser opened the public hearing.

Attorney George Bauer represented developer Mark De Vries.  He gave an overview of the plan noting it would be on an 18-acre site with 34 single-family parcels.  It would have municipal water and proposed sanitary sewer system.  It is consistent with area developments.  Wetlands have been identified, and there are no wetlands within the building site.  The Planning Commission gave a recommendation of denial.  Bauer feels the 1997 referendum is the significant reason for this recommendation and stated that opposition for this reason would not hold up in court.  He also noted the signed petition opposing this development was submitted prior to the plan’s submittal.  

Sharon Hoort, 1805 Perry Street, stated she fully supports this development.  It is a very attractive way of using this land.  Similar developments have been approved in the area.  She does not want this to become a legal battle and is concerned about the accuracy of the information given on the signed petition. 

Gretchen Fisher, 131 N. 160^th Avenue, stated that what people are calling a “petition” was actually a letter to Mr. De Vries expressing their concerns and hoping that he would take them into consideration.  She noted 15 of the acres were part of the original referendum.  This plan is higher density and is only consistent with the land to the west.  The referendum vote agreed with these concerns.

Steve Geerlings, 1561 Perry Street, feels the Board should take into consideration that the current plan’s density is higher than the one voted down in 1997.  He stated that the wetland on the Black Stallion Farms print is inconsistent with the Kelly Ridge wetlands print. 

LeeAnne Jachim, 1522 Perry Street, stated the letter with signatures that went to   Mr. De Vries expressed concerns about what type of development he might be proposing. This letter was sent in hopes that he would respond and meet with the people.   She would like the plan to be comparable to Black Stallion Farms.  Having the developer contribute to Park Township’s sewer system is not going to make this development better.  This is the same property that was voted on 7 years ago and denied.  She hopes the Board takes this into consideration.

Glenn Brunsting, 67 N. 160^th Avenue, who lives next door to the property, stated he is for this development.  It is hard to find affordable property for people who want to live near the lakeshore.

Jackie VanWieren, 1865 Columbus Street, noted that many of the concerns have  referred to P.U.D.’s of the past, but the Township has a new comprehensive plan that states it’s purpose is “To protect, encourage and retain the integrity of the rural residential character of the community.”  The point is not what they want to build, but rather how it is laid out.  There is no clustering, therefore, no integrity given to the land.  She also feels it is dangerous to have another entrance on 160^th Avenue in that area.

David Demaagd, 1197 Silverstone Road, stated he is a friend of Mark De Vries and has heard a lot of the same concerns and asked that a consistent standard be applied. 

Bob Rosema, Project Engineer, addressed the wetlands and stated they are not only based on water level, but also on the soil type and vegetation.  He also noted the entrance was approved by the Road Commission and clustering cannot be done due to the size of the property.  

Elmer Perrigan, 5 N. 160^th Avenue, questioned whether or not a sewer and water system would be installed.

Visser replied water is already available on 160^th Avenue and he would have no problem requiring sanitary sewer as a condition for approval.

Visser closed the public hearing.

Martin clarified that this plan is for site condominiums.  He also addressed the referendum stating it pertained to a development that involved a portion of this parcel and one to the south.  There are issues as to whether or not that referendum would be binding on this development. There could be some serious distinctions made because it is not the exact parcel, and during the several years that have passed, the master plan has not been changed. He needs to research the issues before giving legal advice.

Koopman stated that the legal issues are very pertinent to his decision making process.  More time is needed to receive legal advice.

MOTION MADE, MOTION SUPPORTED, MOTION CARRIED: A motion was made by Koopman and supported by Marsilje to delay the Kelly Ridge P.U.D. Final pending legal advice.

ZONING MAP ORDINANCE AMENDMENT # ZA 54

Visser stated this rezoning is consistent with the Master Plan and is recommended by the Planning Commission. 

MOTION MADE, MOTION SUPPORTED, MOTION CARRIED: A motion was made by Marsilje and supported by Koopman to approve the zoning map ordinance amendment.

WEST OTTAWA ATHLETIC BOOSTERS CHARITABLE GAMING LICENSE

Visser explained that the West Ottawa Athletic Boosters are requesting that the Board recommend approval for a gaming license, but will actually obtain the license from the State.  They would sell tickets at several events and hold one drawing. 

MOTION MADE, MOTION SUPPORTED, MOTION CARRIED: A motion was made by Marsilje and supported by Van Dyke to approve the West Ottawa Athletic Boosters Charitable Gaming License request.

RECEIPT OF PETITION:  SANITARY SEWER LAKE BREEZE DRIVE

Visser explained that the sanitary sewer petition is for Lake Breeze Drive from Bay Haven Drive to Harbor Inn.  Two petitions were requested, but only the one came back.   If both petitions are returned a single contract can be issued. 

MOTION MADE, MOTION SUPPORTED, MOTION CARRIED: A motion was made by Price and supported by Koopman to adopt Resolution #1 declaring tentative desire to proceed with construction of the Lake Breeze Drive sanitary sewer improvements on the basis of petition.

MOTION MADE, MOTION SUPPORTED, MOTION CARRIED:  A motion was made by Marsilje and supported by Price to adopt Resolution #2 scheduling a hearing of necessity for the Lake Breeze Drive sanitary sewer construction to be held at 6:00 p.m. on February 12, 2004 at the township office.

COMMITTEE REPORTS

Koopman stated that the Planning Commission is working on updating the Master Plan.  Copies will be available upon completion.

PAYMENT OF BILLS

MOTION MADE, MOTION SUPPORTED, MOTION CARRIED: A motion was made by Marsilje and supported by Van Dyke to approve the check register for December and the bills to be paid for January.

ADDITIONAL COMMENTS FROM AUDIENCE & BOARD

LeeAnne Jachim, 1522 Perry Street, expressed her disappointment that the Kelly Ridge legal issues were not dealt with prior to this meeting.  She reiterated her feelings of opposition on this development.

Van Dyke stated he will be absent during the February and March board meetings. He will need an alternate for the Appeals Board. 

ADJOURN

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made by Price and supported by Marsilje to adjourn.