City of Allegan dismantles Historic District Commission

By Gari Voss

The Monday, February 12, 2024, City of Allegan Council meeting brought some tough decisions. The Historic District Commission (HDC) and the Allegan City Council have wrestled with whether the HDC could adequately carry out the responsibilities outlined in the City of Allegan Code of Ordinance, and if anyone would begin enforcing the ordinance.

ORDINANCES
The City Council meeting began with making the decision to revisit a previous motion regarding the HDC that had ended in a tie. Each council member shared beliefs regarding the HDC and its ability to balance being fair and equitable with being true to historic standards.
The motion to repeal Chapter 13 of Ordinance 510 pertaining to Historic Preservation, of the City of Allegan Code of Ordinances passed 4 to 3. What may have been more profound was why each councilmember did not sway from their original vote, and the desire to not kick the historic standards to the curb and walk away.
Public comments from Jim Ludema, owner of Robinson Manor, expressed his frustrations with obtaining permission from the Commission to make improvements to the Manor as they renovated the second story. Because of the delays from the Commission, events had to be adjusted, and improvement costs increased.
The Council asked Sara Ramacher, a member of HDC, about the thoughts of the commission. Except for a member whose health kept them from meetings, Ramacher explained that the commission had expressed a wish to dismantle the HDC. A common feeling was that the group could make decisions on requests that came to them, but they could not enforce the rules. When the rules were not enforced, requests for improvements in the historic districts were not coming to the commission.
Councilmember Dave Redding voiced that even if HDC was dissolved, the completion of the survey is important. He felt that the commission had been starved of resources. Some people made the investment to purchase historic homes and enjoyed living in a historic district or home.
The Planning Commission will work on the overlay to replace the Historic District Commission.
Ordinance 517 to amend the use table in section 402.01 of the City of Allegan Zoning Ordinance to allow for operation of certain marihuana processing businesses by special use permits within the C-2 Zoning District passed. The section specifies what types of chemicals may be used in the process.
Councilperson Peter Hanse asked for clarification if all the requirements for ventilation, etc. must still be followed. City Manager Dye explained that 402.01 only specifies use and areas where the businesses can be located. The motion passed 6-1
Ordinance 518 to amend Chapter 30 – Vegetation, of the City of Allegan Code of Ordinances was given a second reading then opened for public discussion. To comply with the wishes of the Allegan Conservation District, the ordinance specifies types and location of trees around the city. The scientific names have been included with common names and the new document has been shared with Public Spaces and Conservation District. Ordinance 518 passed 6-1.

PUBLIC COMMENT
Problems with a landlord led an audience member explaining how he had been trying to get a HUD inspection for his apartment. He was asking for a mold and building inspection. When the inspector used the grounding tester, there was a problem. The renter could not find any inspections on the property.
Matt Adams used his three minutes to thank the city staff for joining in the Ribbon Cutting at Tilt 118 and for supporting new small business. The move to the new building allowed the business to expand to 7 days a week and made available 20 jobs. Tilt is becoming a unique destination, and Adams is looking forward to continuing to grow.

WRITTEN PETITIONS & REPORTS
The Allegan District Library submitted a request to use the Griswold for Dance Classes from May-August at no cost. Downtown Director Parker Johnson explained that no staff was necessary except for opening the door. The request was approved.
Requests were presented from the Allegan County Agricultural Society to route the Fair Parade through Allegan, hold six concerts at the Fairgrounds from May through September that are not associated with the Fair, and place directional signs to assist with moving traffic to the fairgrounds. The requests passed 6-1.

REPORTS FROM BOARDS, COMMISSIONS & CITY OFFICES
Finance
The request was made that the City Council approve accounts payable in the amount of $478,737.68 and payroll in the amount of $130,079.49 for a total disbursement of $608,817.17. The motion passed 6-1

Water Utilities
A motion was made to approve the Water Utilities Agreement between the City of Allegan and Allegan Township. The decision was unanimous.
Water Utilities Director Doug Sweeris has been working with Allegan Township to adopt two ordinances that match the city’s ordinances. These would include two sewer districts plus some residents on border streets. The township approved their new ordinance during a special meeting on Thursday, Feb. 8, 2024. Residents in the identified areas have been given three options for hooking into the city’s system – Point of Sale, failure of their septic system, or the owner’s discretion.
Sweeris then requested authorization for a purchase order for Bakertilly, financial services, to review the drinking water fund for the cost of $16,900. The study will be covered 100% by the Drinking Water Asset Management (DWAM) Grant. Director and CPA Andy Campbell will again be involved in completing the assessment. He is familiar with Allegan and can give advice on the water fund with assets and costs.
A purchase order was then approved for Bakertilly to perform a financial review and rate analysis on the sanitary sewer fund in the amount of $16,900. This portion was not budgeted in the grant. The motion passed.

Public Works
Director of Public Works Doug Kadzban brought two requests for road salt. The first request was to authorize the purchase of road salt through MiDEAL for the 2024/25 winter season in the amount of $42,000, and the second was to purchase environmentally friendly beet juice through Chloride Solutions for the 2024/25 winter season in the amount of $8,125. Both motions passed. The information will be shared with the State, and they will enter it in the bid process.
A motion was made to accept an emergency purchase order to West Michigan International for repairs to plow truck #233 in the amount of $10,253.68. This required the approval of a budget adjustment.
Kadzban also requested that the Council approve an easement agreement with Consumers Energy to allow Consumers Energy to relocate electric utilities for the construction of the M89 roundabout. The need came when MDOT discovered that the city rather than the state owned the NW quadrant where the roundabout will pass. The request was approved.

CITY MANAGER & CITY CLERK
The request made by Brandon Gillies to approve a special use permit for a marihuana processing business to be located at 633 Hooker Rd., Suites 4 and 5 had been reviewed by the Planning Commission and approved only if non-salted extraction methods were utilized.
Mr. Gillies affirmed that they would be manufacturing candies – gummies, chocolates, etc. – for distribution, and they would not be sold to the public.
The request was approved to do a lot split at 650 Grand St., the United Way property. The United Way would have the main building on one parcel and the mini storage units on a separate parcel.

BOARD APPOINTMENTS
Rosie Hunter was appointed to the Public Spaces Commission for the term set to expire on December 31, 2026.

COMMUNICATIONS FROM CITY MANAGER, COUNCIL & MAYOR
Michaela Kleehammer, Clerk, informed the Council that per the new state law at least nine continuous days of early voting would begin on Saturday, Feb. 17, 2024.
Councilmember Delora Andres noticed artwork in the halls, and reminded the Council of the After Hours Gathering at the Griswold Auditorium on Thursday, Feb. 15th to celebrate the Art Wall created there. The Art pieces are for sale.
Dave Redding shared that the water protection committee has goals and would begin prioritizing them.
Mayor Pro Tem Peter Hanse shared that the Tech Center would hold an Open House from 6-8pm on Tuesday evening Feb. 13th.

Study Session
The Public Comments brought Jan Morgan to the podium to share several properties around the city that are out of compliance because of blight. This has been a frustration for many homeowners who work to not just stay in compliance, but to have attractive homes and lawns.
Elizabeth Peterson introduced herself as a candidate running for the new 3rd circuit court judge position.

Round Table Discussion
Andrus asked about the Riverfront restrooms. When she visited, it was dark, and she found some damage. Johnson explained that the restroom lights and locks are on a timer system. He would check it out. The damage is slated to be repaired. Dye shared that their biggest problem is kids who loiter and use the electricity.
Councilmember Bill Morgan requested an update on the reporting system for properties that are out of compliance. SeeClickFix had not been effective compared to the cost. Currently, residents are calling City Hall. Ordinance enforcement has not been effective. The city has been cleaning up private property then charging offenders through their taxes. If taxes are not paid after three years, the properties must be put up for sale. Many offenders are repeaters, but others do comply.
Rental inspections are going well. Several empty houses are vacant and/or in trusts and not in use. PCI inspectors must be on time for appointments. It is a methodical process, and some people have not yet received notices.
Hanse inquired about ordinances that cover construction when utilities are installed, and contractors take out small sections of sidewalk. There should be a requirement that the whole section of sidewalk be replaced properly and not just a small path.
Dye shared that he and Kadzban would review Chapter 28 to make sure construction companies restore full sections to the original condition.
Zeter reported that 252 Thomas lost a big limb and tree is looking bad.
Redding shared that Hooker Road had a sidewalk added and erosion seems to be separating the sidewalk from the road.
Conversation ensued regarding plans for the Trestle Bridge. A requested grant was not awarded. Replacement has been estimated at $800,000 to over a million. Dye said that the City would continue looking for funding.
Hanse felt that the Trestle Bridge should be addressed at a budgeting meeting so goals and cost could be examined. In addition, the City staff would create a PR piece about the Trestle Bridge, that would more clearly share information from the engineering report with pictures. Currently, it is difficult to find a safe pedestrian path into the city because M222 is not a safe place to walk.
Bird requested an update on the burned out house on River St. Dye explained that they were in the process of citing the owner and requesting demolition.

City Manager’s Single Lot Assessment Report
This was the first report since 2022 so Michaela wanted to review it before finance responded. This will be an annual process to improve blight enforcement. Property owners receive an invoice then the city recommends the full amount for the work done on each piece of property. A question came as to if an owner could ask for exemption because of their poverty level.
Any costs that the City might take on would be rolled into the homeowner’s tax records. Three years of unpaid taxes would bring tax foreclosure by the county. The amounts on the list provided can be added to the July 2024 tax rolls.

Rossman Park Improvement and Pickleball Court Renovation Project
Only one bid was received to renovate Rossman Park and the Pickle Ball courts. The City staff is considering asking the state for a grant to resurface the pickle ball courts. Grant funds would need to be utilized this year. Bids being submitted have been higher than the engineer’s estimates. The Public Spaces Commission has not yet seen the bid to see the discrepancy between the engineer and bids being received.

Water Shut Offs
What does each council member want to see happen with the water shut offs?
What does each council member want to see happen with the fees that the city needs to fund its water operations?
Members were taking into consideration the fact that the payment of bills is improving each year, the state is planning on making changes, and the water meter system is being upgraded. This is another piece for the budget committee to determine how much changing fees will affect the cost of operation.